Shari, KeviKev,

Here are my thoughts on a few of these issues.

1. I break up regulations into very similar categories: 1. Mandates; and 2. Incentives. Can you explain what you mean by "Command & Control." Is this the same as mandates?

2. Look at the Shaw Development case for an example of green building litigation that is very similar to a construction lawsuit: http://www.greenbuildinglawupdate.com/tags/shaw-development/

Also, here are a handful of design claims related to green building projects that are similar to regular design claims: http://www.aia.org/SiteObjects/files/conted_TH0507.pdf

Chris

I think I broke down my thoughts about this podcast into a semi-coherent manner. Please let me know if I’m not clear on anything.

1) Shari broke green regulations down into three types -Command & Control, Finacial Incentives, and Non-finacial Incentives.

I think that’s a great breakdown and I’d like to see it fleshed out more. Can Shari (or anyone) elaborate and/or give more examples?

Yes, Washington DC and Boston have Command & Control LEED regulations, requiring LEED for buildings of a certain size. Riverhead, New York provides for lessened fees for installing energy efficiency devices, a classic financial incentive. http://www.dsireusa.org/library/includes/incentive2.cfm?Incentive_Code=NY42F&state;=NY&CurrentPageID;=1&RE;=1ⅇ=1
New York State has a tax credit for building green--http://www.dsireusa.org/library/includes/incentive2.cfm?Incentive_Code=NY15F&state;=NY&CurrentPageID;=1&RE;=1ⅇ=1
anta Monica expedites permitting for green buildings, a non-financial incentive--http://www.dsireusa.org/library/includes/incentive2.cfm?Incentive_Code=CA136F&state;=CA&CurrentPageID;=1&RE;=1ⅇ=1
The Portland Feebate system is an innovative financial, non-financial incentive mix, I wrote an article about that program here--http://www.greenbuildinglawblog.com/tags/feebate/

2) Green project litigation is not too far from normal building litigation.
How do I sell that to management?
Are there examples or professional articles demostrating that?
This is my professional, legal opinion.
3) Shari said that the personal side of Green offsetting was unregulated, but I’d like to know how well the coroprate side is regulated. For both sides you recomended we try to verify the offsets are being done.

Where/how do you verify a company is actually offsetting? Is there a listing in the BBB or any kind of user review site?

Triple Pundit has a great article on verifying carbon offsets here--http://www.triplepundit.com/pages/regulatory-aren.php

4) Shari’s advice for how to go green without cash had the following four steps - Start with EB, look for state/local incentives, look for tax incentives from what sounded like TARP (is that Troubled Assets Relief Program?), and look for banks that are looking for green projects.

Do we have any examples or lessons learned from TARP or from the banks? Do we have any idea which banks are actively promoting green and which banks are just after the checkie?

The TARP program reinstated the green building tax credits which were due to expire at the end of 2008. It has nothing to do with the bank allocation part of the TARP bill.

I think I broke down my thoughts about this podcast into a semi-coherent manner. Please let me know if I'm not clear on anything.

1) Shari broke green regulations down into three types -Command & Control, Finacial Incentives, and Non-finacial Incentives.

I think that's a great breakdown and I'd like to see it fleshed out more. Can Shari (or anyone) elaborate and/or give more examples?

2) Green project litigation is not too far from normal building litigation.

How do I sell that to management?
Are there examples or professional articles demostrating that?

3) Shari said that the personal side of Green offsetting was unregulated, but I'd like to know how well the coroprate side is regulated. For both sides you recomended we try to verify the offsets are being done.

Where/how do you verify a company is actually offsetting? Is there a listing in the BBB or any kind of user review site?

4) Shari's advice for how to go green without cash had the following four steps - Start with EB, look for state/local incentives, look for tax incentives from what sounded like TARP (is that Troubled Assets Relief Program?), and look for banks that are looking for green projects.

Do we have any examples or lessons learned from TARP or from the banks? Do we have any idea which banks are actively promoting green and which banks are just after the checkie?