Green Building Regulations: Can the LEED Rating System become law?
On January 25, 2010
By Scott Wolfe Jr
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There is a growing debate on whether or not legislatures should seek to codify and incorporate provisions of the LEED rating system into state and local law. The debate is now hitting the blogosphere.
One of our favorites, Chris Cheatham, over at the Green Building Law Update has theorized that there are three simple reasons why codification of the LEED rating system will not work: (the following section is take in direct quote from his site)
“1. There are troubling antitrust issues associated with the LEED rating system. These antitrust issues are significantly exacerbated by the incorporation of LEED into regulations or building codes.
2. The LEED rating system was never intended to be codified. In fact, the LEED rating system is meant to apply to only 25 percent of new construction starts.
3. I believe the USGBC has recognized the problems associated with codification of the LEED rating system. In response, the USGBC, along with other groups, is quickly pushing along publication of ASHRAE 189.1P, which codifies many of the elements of the LEED rating system. This is just a hunch, but I anticipate that the USGBC will start urging jurisdictions to adopt ASHRAE 189.1P instead of the LEED rating system.”
I think Chris has some good points, as he seeks to illustrate why LEED codification is simply not practical. But please check out Chris’ comment board – he has plenty of detractors.
I, for one, agree that the 25% rule does limit the ability of governing agencies to effecively regulate new construction. As is posed in this dizzying display of what the LEED 25% rule is composed of, you will understand that it means that only 25% of new construction starts or ground-breakings are actually intended to meet LEED certification.
But, there are certainly problems with the allegations that there might be an antitrust problem. All building standards (and other standards) come from a single source at some point and time. So, its likely that this is not as big an issue as posed in the article.
In any event, Jim Broughton posted a nice counter-comment discussing support for codification of LEED ratings. Check it out here.
It remains to be seen whether or not codification is a possibility – but it certainly raises a good topic for discussion.
This article was originally posted on Wolfe Law Group’s topic-specific Northwest Construction Law Blog.
About the Author: Scott Wolfe Jr
Scott Wolfe, Jr. obtained his J.D. degree from Loyola University of New Orleans, and his B.A. from Southern Methodist University in Dallas, TX. In 2006, 2007, 2008 and 2009, Scott was recognized as a Leader in Law by CityBusiness Magazine. The son and grandson of general contractors, Scott is a construction litigator in the Pacific Northwest, and the founding member of the bi-coastal law firm, Wolfe Law Group. Scott is also the founder and CEO of Express Lien, Inc., a legal document preparation service for contractors. In 2008, City Business Magazine recognized Scott as one of its Innovators of the Year for the Express Lien concept. As an entrepreneur himself, Scott has a strong background in business and commercial transactions and laws. He focuses his practice on the legal issues facing the construction industry, and has represented clients in multi-million dollar construction disputes in litigation and alternative dispute resolution proceedings. Scott is a LEED AP.
