Green Building Law Update

JANUARY 1, 2020

This blog will continue in 2020 providing strategic intelligence on environmental law, including critical insights into sustainability and green building for the business community, not just for lawyers. Brownfield Laws can Save Green Building and the Planet. Tenants Order Phase l to Avoid Hazardous Substance Liability.

Maryland 156

Maryland Green Liability Risk 156

Green Building Law Update

DECEMBER 27, 2020

In 2021 this blog will continue providing strategic intelligence on environmental law, including critical insights into sustainability and green building for the business community, not just for lawyers. In descending order these are the posts that had the most traffic: COVID-19 Liability for Building Owners.

Maryland 156

Maryland Green Profitability US 156

Green Building Law Update

JUNE 30, 2019

A lawsuit has been commenced in Maryland alleging that two net zero homes are not. The facts are gleaned from a review of the court pleadings and are instructive for everyone buying or selling a green building. The defendant home builder is registered with the Maryland Home Builder Registration Unit.

Maryland 120

Maryland Housing Claims Green 120

Green Building Law Update

NOVEMBER 21, 2021

I am excited to be presenting a fast paced and fun one hour virtual program, “Environmental Social Governance (ESG) an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program. 9601) and petroleum products.”.

Site 156

Site Liability Green United States 156

Green Building Law Update

OCTOBER 11, 2020

Those lawsuits primarily assert that the extraction, production, sale, and promotion of fossil fuels constitute a public nuisance and give rise to product liability under state common law and state consumer protection statutes; the plaintiffs are seeking relief largely in the form of compensatory and punitive damages.

Baltimore 207

Baltimore Maryland Claims Connecticut 207

Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. to design the Philip Merrill Environmental Center, CBF’s headquarters, on the Chesapeake Bay in Annapolis, Maryland. Weyerhaeuser Company, et al, pending in the U.S.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. to design the Philip Merrill Environmental Center, CBF’s headquarters, on the Chesapeake Bay in Annapolis, Maryland. Weyerhaeuser Company, et al , pending in the U.S.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

APRIL 26, 2020

A group of 98 landowners sued Atlantic Richfield in Montana state court for common law nuisance, trespass, and strict liability, seeking restoration damages, which Montana law requires to be spent on property rehabilitation. Among the reasons this is a significant decision is the impact on widely utilized state Brownfields programs.

Claims 156

Claims Montana Permits Liability 156

Green Building Law Update

SEPTEMBER 11, 2016

PACE loan programs, where payments for energy efficiency, water conservation and renewable energy improvements to real estate are made through a building owner’s property tax bill are gaining acceptance nationally including being implemented across Maryland. Maryland is typical.

Baltimore 120

Baltimore Maryland Finance Residential 120

Green Building Law Update

DECEMBER 13, 2015

With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over.

Foundation 120

Foundation Liability Maryland Claims 120

Green Building Law Update

JULY 25, 2021

Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law. 9601) and petroleum products.” Importantly, the ASTM E1527 is recognized by the U.S.

Site 296

Site Drafting United States Regulation 296

Green Building Law Update

JANUARY 31, 2021

And there is at least one place where there appears to be a complete disconnect, as I described last year in a post, Maryland the First State to Legislate Permitted Use of PFAS. 9601) and petroleum products.”. a substance defined as a hazardous substance pursuant to CERCLA 42 U.S.C.§9601(14),

Site 156

Site Commercial United States Regulation 156

Green Building Law Update

NOVEMBER 3, 2019

By way of background, a Phase I environmental site assessment is the process of evaluating a property’s environmental conditions and assessing potential liability for contamination. History says, ‘see you later.’”.

Site 120

Site Liability Environment Compensation 120

Green Building Law Update

MAY 24, 2020

Over time coronavirus pandemic exposure claims may result in a new emergent subset of premises liability law, but in most instances it is presumed that body of existing law will control. All of this begs the question if a business owner’s premises liability insurance covers such claims?

Liability 177

Liability Commercial Claims Insurance 177

Green Building Law Update

JANUARY 24, 2016

In the event of a default, the liability is a property tax lien collected by the local government with the priority associated with other real property tax liens, so existing mortgage holder consent is required. Commercial PACE programs are still very new.

Lien 120

Lien Finance Commercial DC 120

Green Building Law Update

OCTOBER 13, 2019

And such creates potential liability for companies making ESG disclosures; if not also some silly results, including maybe the most ridiculed, when last year a major U.S. Without any of those three, much, if not most, of the ESG information in the market is at best misinformation.

DC 120

DC Sustainability Risk Liability 120

Green Building Law Update

NOVEMBER 15, 2020

Over time coronavirus pandemic exposure claims may result in a new emergent subset of premises liability case law and in a number of jurisdictions new statutes are already limiting liability, but in most instances it is presumed the longstanding body of premises liability law will control.

Liability 293

Liability Legal Claims Insurance 293

Buisness Facilities Contributed Content

APRIL 15, 2014

If a business entity invests in a qualifying project that meets certain requirements and is approved by the Alabama Department of Revenue, and maintains minimum annual requirements, the company may receive an annual credit against its income tax liability generated from the qualifying project.

Income 108

Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

MARCH 21, 2014

It is a credit of five percent of the capital costs of a qualifying project, to be applied to the Alabama income tax liability or financial institution excise tax generated by the project income, each year for 20 years. The credit is 20 percent of the actual costs limited to the employer’s income tax liability.

Income 75

Income Finance Zoning Equipment 75

Green Building Law Update

JULY 18, 2021

Senate and still calls the state home, is unlikely to implement any environmental policy that does real damage to Delaware’s favorite son, DuPont (including not to Chemours, who much of that liability, possibility more liability than is held by any other company, was transferred to when it was spun off from DuPont in 2015).

Delaware 156

Delaware Claims Equity Agreement 156

Buisness Facilities Contributed Content

APRIL 12, 2016

The wind turbines operating at Buffalo’s green energy complex on Lake Erie generate enough electricity to power roughly 15,000 homes; the turbines are under contract to a local utility, Constellation Energy Resources. 3 Texas all exceeded 75 on the Index, followed by Maryland, Delaware, DC, Oregon, Arizona, Pennsylvania and Georgia.

Indiana 40

Indiana New York New Jersey Wisconsin 40