This
is ALI-ABA
A nonprofit endeavor providing continuing professional education for lawyers since 1947.
How It All Started
In 1947 the American Bar Association (ABA) asked
the American Law Institute (ALI) to collaborate in
organizing a national program of continuing edu-
cation of the bar. ALI, founded in 1923 in part “to
promote the clarification and simplification of the
law,” was engaged in restating the law and drafting
codes and model laws. ALI agreed to take on the
task. The first of a series of Memoranda of Under­
standing between the parent organizations placed
primary responsibility with ALI and provided for
a joint committee to oversee ALI-ABA activities.
An initial Carnegie grant carried the operation for
about eight years when the program became—as it
remains—self-sustaining.
What It Does Today
ALI-ABA’s multimedia approach to continuing legal
education comprises a comprehensive range of edu-
cational materials and services described below.
ALI-ABA Online
ALI-ABA makes its programs and publications avail-
able directly to the office, laptop, and portable devices from
www.ali-aba.org—with the added conveniences of
licensing, browsability, sampling, and downloadable
forms. Subscriptions to libraries are available, orga-
nized by areas of practice.
Live Courses and Programs by Webcast
and Telephone
ALI-ABA’s more than 200 courses of study and pro-
grams via live webcast are attended each year by
tens of thousands of lawyers and others in related
professions. The faculties for these courses consist
primarily of practicing lawyers who volunteer their
time and expertise and, in many cases, forgo reim-
bursement of their out-of-pocket expenses to lecture
and prepare written materials for the benefit of their
professional colleagues. Although concentrated in
the areas of business and commercial law, securities,
taxation and estate planning, real estate, and gov-
ernment regulation, ALI-ABA’s course curriculum
www.ali-aba.org
includes a broad range of practice-oriented subjects,
from skills courses to trial evidence and civil practice,
to criminal law and legal issues in subjects of cur-
rent public interest. ALI-ABA also offers courses via
the telephone and online. Education in professional
responsibility and ethics is a concern in each course
and of special programs. Approximately 10% of the
courses are new each year, the others being updates
of core curriculum subjects. Week-long summer
courses, some on university campuses, offer an aca-
demic retreat for study of a subject in depth.
Many ALI-ABA programs are cosponsored
with law schools, sections of the ABA, the Federal
Bar Association, the Environmental Law Institute,
state and local CLE org­an­izations, and other legal
entities, as well as The Smithsonian Institution, the
American Association of Mu­seums, and others.
Electronic and Print Publications
ALI-ABA publishes seven traditional periodicals,
four electronic periodicals, and a variety of books
in both traditional and electronic formats. Practice
Texts provide comprehensive coverage of a subject
and are published as hardbound books of several
hundred pages. Formbooks are published in a
looseleaf binder format. Formbooks also are avail-
able on CD-ROMs to enable lawyers to download
and adapt forms to their clients’ needs. Practice
Checklist Manuals are paperbound compilations
of helpful articles on individual subjects selected
from the pages of The Practical Lawyer® and
other ALI-ABA magazines. CD-ROMs of selected
ALI-ABA texts are also produced.
Additionally, study materials prepared for ALI-
ABA Courses of Study are offered as a resource for
further research.
Among ALI-ABA’s periodicals are The
Practical Lawyer®, which features concise, how-
to-do-it articles for general practitioners; The
Practical Real Estate Lawyer®, which treats
similarly materials concerned with real property
(forms and checklists from this magazine are avail-
able in a separate floppy disk subscription service);
The Practical Tax Lawyer®, published with the
cooperation of the Section of Taxation of the ABA;
and The Practical Litigator®.
All of ALI-ABA’s periodicals and selected course
materials are available online at www.ali-aba.org.
Lawyers can subscribe to an entire year’s worth of
online issues, or purchase and access just the online
issue, single article, or course paper that they need.
To advise lawyers of its wealth of CLE products,
ALI-ABA issues a quarterly booklet, the ALI-ABA
CLE Review Catalog. The ALI-ABA Business
Law Course Materials Journal selects and re-
publishes the best of the business law outlines and
forms originally prepared for ALI-ABA Courses
of Study, while the ALI-ABA Estate Planning
Course Mater­ials Journal does the same with
materials from ALI-ABA estate planning courses.
Audio and Video Recordings
ALI-ABA offers recordings of virtually all of its live
presentations in a growing number of convenient
formats. The library of more than 2,000 programs
includes courses of study, ALI-ABA Video Law
Review® webcasts, telephone seminars, specially
prepared lectures, and webcasts produced in ALI-
ABA’s studio. Also available are DVDs, audio mp3
CD-ROMs, and online programs.
ALI-ABA In-House
ALI-ABA In-House offers personal consulting and
training assistance to law firms, corporate law depart-
ments, and government agencies for their in-house
professional development programs. ALI-ABA’s
in-house training programs cover a wide range of
skills areas, as well as areas of substantive law upon
request. In addition, the almost 300 members of
ALI-ABA In-House receive a quarterly newsletter,
access to e-mail information and discussion forums,
discounts on ALI-ABA programs, products, and ser-
vices, and regular mailings of related information.
ALI-ABA In-House also develops materials for law-
yer training and regularly presents conferences on
professional development topics.
Advancement of the Profession
ALI-ABA subsidizes a variety of activities to ad-
vance the quality and content of post-admission
legal education and to enhance professional compe-
tence and professional responsibility. Among them
are sponsorship of national conferences and studies
of adult education and its unique characteristics, of
mandatory CLE, of law practice quality evaluation
methodologies, of bridge-the-gap transition train-
ing for the newly admitted lawyer, and of the quality
of continuing legal education and the methods of
measuring it. Most re­cently, ALI-ABA has published
a guide for applying adult education techniques to
continuing legal education and, as a public service
effort, is developing new training materials to en-
courage and train lawyers to represent immigrants
in asylum cases.
In addition, ALI-ABA has developed training
materials for lawyers in the areas of negotiation
skills, real estate transactions, and corporate trans-
actions.
A CLE Resource
One of ALI-ABA’s primary functions, from its very
beginning, has been to serve as a resource for na-
tional, state, and local agencies involved in continu-
ing legal education. ALI-ABA was a founding mem-
ber of ACLEA, which, through the interchange of
knowledge and techniques, advances the proficiency
of continuing legal education professionals.
ALI-ABA’s course materials and programs are
available to all who plan and conduct post-admis-
sion legal education activities, and senior staff mem-
bers, whose average tenure is in excess of 15 years,
are always ready to work with and assist others.
Governance and Staffing
ALI-ABA operates under a Memorandum of Un­
der­standing between the American Law Institute
and the American Bar Association and is governed
by a Board of Directors composed of 13 persons,
including 12 regular members and the President.
In addition, the ALI Director, the ABA Executive
Director, and the ALI Treasurer are non-voting ex
officio members of the Board.
The ALI-ABA staff consists of 80 employees, in-
cluding 19 lawyers.
Rev. October 2007
American Law Institute
American Bar Association
Continuing Professional Education

Board of Directors
President
Thomas Z. Hayward, Jr. Chicago Illinois

Honorary Chairs
Roberta Cooper Ramo Albuquerque New Mexico
President, American Law Institute
H. Thomas Wells, Jr. Birmingham Alabama
President, American Bar Association

Tsan Abrahamson Berkeley California

Brooksley E. Born Washington District of Columbia
Bennett Boskey* Washington District of Columbia
Jennifer Busby Birmingham Alabama
Corinne Cooper Tucson Arizona
Michael E. Flowers Columbus Ohio
Roy A. Hammer Boston Massachusetts
Peter M. LaSorsa Mapleton Illinois
Lance Liebman* New York New York
John J. McKetta, III Austin Texas
Leslie B. Miller Tucson Arizona
Bettina B. Plevan New York New York
Maury B. Poscover St. Louis Missouri
Barbara J. Rothstein Washington District of Columbia
Henry F. White, Jr.* Chicago Illinois
*Ex Officio

As of December 2008
Executive Office
Executive Director: Julene Franki
Executive Assistant: Donna K. Maropis
Deputy Executive Director: Lawrence F. Meehan
Program Departments
ALI-ABA In-House
Director: Howard B. Klein
Audio and Video Special Projects
Director: Susan L. Tomita
Senior Administrative Assistant: Linda J. Smith
Courses of Study
Director: Nancy A. Kane
Director Emeritus: Alexander Hart
Senior Assistant Director: Kevin J. O’Connor
Assistant Directors: Thomas M. Hennessey;
Amy S. Weinberg
Course Manager: Suzanne E. McCarthy
Administrative Assistants: Pamela McC. DeLarge;
Carole Findley; Charlotte Rice
Electronic and Print Publications
Director: Mark T. Carroll
Director of Books: John B. Spitzer
Assistant Director: Joseph L. DiPietro
Editorial Assistant: Susan Hader-Golden
Research Assistant: Michael Jacobs
Research and Development and
ALI-ABA In-House
Director: Leslie A. Belasco
R&D Manager: Crystal Finch
Administrative Assistant: Jasalyn Fernandez
Topical Programs
Director: Nancy Mulloy-Bonn
Administrative Assistant: Kathleen Montgomery
Service Departments
Accounting
Director: William J. McCormick
Accountant: Hong Lu
Payroll/Accounting Coordinator: Tim Mayhugh
Accounts Payable Assistant: Mary Sheridan
Accounting Supervisor: Debra Foley
Accounting Specialist: Beth Bowers
Accounting Assistant: Regenea James
Accounting Clerk: Chanthou Duong
Administrative Services
Director: Joseph A. Mendicino, Jr.
Assistant Director, Information Services:
Stephen Dushkowich
Data Entry Supervisor: Dwight DeLarge
4025 Chestnut Street, Philadelphia, Pennsylvania 19104-3099  •  www.ali-aba.org
Data Entry Clerks: Betty Bayliss, Angela Hughes,
Charlotta Blanden
Database Administrator: Teri Y. Broadnax
PC Specialist: Marykay Hamilton
Administrative Assistant: Margaret E. Arndt
Mailroom Administrator: David Dougherty
Administrative Clerk: Chanthou Duong
Business Development
Director: Frank Paul Tomasello
Account Manager: Thomas Fogerty
Supervisor, Accountant Maintenance:
John P. Delaney III
Customer Service
Director: Frank Paul Tomasello
Customer Service Manager: Nancy Cline
Sr. CS Rep: Dennis L. Snipes,
CS Reps: Michael P. Montgomery,
Deborah Valentine, Jeff Weatherbe
Receptionist: Pattye Stringer
Human Resources
Director: Diane E. Schnitzer
Librarian: Harry G. Kyriakodis
Mandatory CLE
MCLE Coordinator: Jeanette McCarver
MCLE Assistant: Dionne Brooks
Marketing
Director of Research and Communications:
Kathleen H. Lawner
Research & Communications Specialist:
Cynthia Keichline
Director of Strategic Marketing:
Amy Danziger Shapiro
Manager of Marketing and Communications:
Danielle Harkins
Media Production
Director: Edan Cohen
Media Specialist: Catherine M. Lowe
Meetings and Travel
Director: Kathleen C. Peters
Production and Design
Director: Herbert J. Powell, Jr.
Artistic Director: Matthew Born
Graphic Design Specialist: Catherine A. Lhulier
Web Technology
Director: John V. Ceci
Assistant Director: Jonathan A. Shinault
Web Designer: Mary Welsch
Programmer: Jacob Drecksage
2
 ALI-ABA Audio Seminar

Attorney's Role in LEED Construction

May 29, 2009
Telephone Seminar/Audio Webcast

TABLE OF CONTENTS
Page
PROGRAM SCHEDULE ix
FACULTY PARTICIPANTS xi
FACULTY BIOGRAPHIES xiii
STUDY MATERIALS
1. Attorney’s Role in LEED Construction--PowerPoint Presentation 1
by Shari Shapiro and Chris Cheatham

vii
2
 PROGRAM SCHEDULE
for May 29, 2009

Program Schedule Eastern Central Mountain Pacific/Arizona Alaska Hawaii

National
Teleseminar/Webcast 12:30 p.m. 11:30 a.m. 10:30 a.m. 9:30 a.m. 8:30 a.m. 6:30 a.m.

Adjournment 1:30 p.m. 12:30 p.m. 11:30 a.m. 10:30 a.m. 9:30 a.m. 7:30 a.m.

Scope and Purpose: Green design and construction and the potential for inclusion
of “LEED” certification requirements present opportunities for clients of construction
and real estate attorneys. Counsel must know and outline the best practices for
incorporating these requirements into construction contracts and obtaining LEED
certification. This teleconference and live audio webcast will provide an overview of
LEED certification for green buildings and offer practical advice for negotiating green
construction projects. Our speakers will discuss the current status of the
requirements and the attorney’s role as well as look to what may be next as interest
in LEED certification increases.

Topics include:

• What is the LEED rating system and what other standards exist?
• Will one system be the preferred standard?
• What are the risks to Green Building and how do I manage these risks for my
clients?
• What are the benefits to LEED certification?
• What does the future hold for Green Building?
• What legal issues are unique to Green Building and LEED certification?

Faculty

Shari Shapiro, Obermayer, Rebmann, Maxwell & Hippel LLP, Philadelphia, PA

Chris Cheatham, Watt, Tieder, Hoffar & Fitzgerald, LLP, Washington, D.C.

Program (All Times EDT)

12:30 p.m. Attorney’s Role in LEED Construction – panel discussion

Questions and Answers

1:30 p.m. Adjournment

* Questions and Answers will be integrated into the program. Questions are welcome
in advance of and during the seminar by e-mail to TSQuestions@ali-aba.org (Subject
line: Faculty question).

ix
Total 60-minute hours of instruction: 1.0; Total 50-minute hours: 1.2

Suggested Prerequisite: Limited experience in legal practice in subject matter.

Educational Objective: Development of proficiency in performance of intricate and

complex legal tasks within a narrow area, provision of information on recent legal
developments; maintenance of professional competence as a practitioner.

Level of Instruction: Intermediate

x
 ALI-ABA Audio Seminar

Attorney's Role in LEED Construction

May 29, 2009
Telephone Seminar/Audio Webcast
PLANNING CHAIR

Shari Shapiro
Obermayer Rebmann Maxwell & Hippel LLP
1617 John F Kennedy Blvd
Philadelphia, PA 19103-1821

FACULTY

Chris Cheatham
Watt Tieder Hoffar & Fitzgerald, LLP
8405 Greensboro Dr Ste 100
Mc Lean, VA 22102-5106

xi
2
 ALI-ABA Telephone and Audio-Only Webcast

Attorney’s Role in LEED Construction

TSPX06/TWPX06

Faculty Biographies

Speakers
Shari Shapiro
Obermayer, Rebmann, Maxwell & Hippel LLP
Philadelphia, Pennsylvania
Shari Shapiro is an associate with Obermayer Rebmann Maxwell & Hippel LLP. She is a
member of the Environmental Department.

Ms. Shapiro is a LEED Accredited Professional. Ms. Shapiro focuses her practice on
green building law, which includes sustainable project financing, regulatory drafting,
land use approvals, contracts, and conflict resolution. Ms. Shapiro is the Sustainability
Coordinator for Obermayer’s Sustainability Initiative.
Ms. Shapiro maintains a blog on legal issues related to Green Building, available at
www.greenbuildinglawblog.com.

Ms. Shapiro is the Co-Chair of the ABA State and Local Government Section
Subcommittee on Land Use/Environmental Law, and is on the Board of Directors of the
Delaware Valley Green Building Council.
Ms. Shapiro recently coordinated a seminar entitled “Getting Green Done…Right,”
exploring the nuts and bolts of environmentally sustainable and economically viable
development projects. Ms. Shapiro made a presentation on “Local Regulation of Green
Building Projects” at the seminar.

Ms. Shapiro earned her Juris Doctorate degree from the University of Pennsylvania
where she received the Milton C. Sharp Award for Best Grades/Best Research in Urban
Renewal or Land Use Planning. While attending the University of Pennsylvania, she
obtained a Certificate in Business and Public Policy from the Wharton School of
Business.

Ms. Shapiro received her Bachelor of Arts Degree in Development Studies and Modern
British History from Brown University.

Ms. Shapiro is admitted to practice in the states of Pennsylvania and New Jersey.

xiii
Chris Cheatham
Watt, Tieder, Hoffar & Fitzgerald, LLP
Washington, D.C.

Chris focuses his practice on suretyship, construction, government contracts, and

commercial contract law. He also holds a Leadership in Energy and Environmental
Design® Accredited Professional (LEED AP) designation. The LEED rating system is
the nationally recognized benchmark for design, construction and operation of high-
performance green buildings. As a LEED AP, Chris is part of a select group of attorneys
nationwide who have recognized the significance of “green” building trends and he is the
first Virginia practicing attorney to attain the designation. Chris possesses an
understanding of green building strategies to assist clients through the LEED certification
process, from startup to final verification of a project’s green measures, as well as
navigating clients through the evolving green building regulatory requirements.

Chris has assisted clients in disputes arising from a variety of construction projects,
including locks and dams, complex levee systems, housing complexes, airports and
residential homes. In addition to his litigation experience, Chris has drafted and
negotiated contract documents, provided advice in contract administration, and prepared
claims on behalf of sureties and contractors.

Memberships and Affiliations

• American Bar Association
o Forum on the Construction Industry
o Tort Trial & Insurance Practice Section
o Fidelity & Surety Law Committee
• AGC of Metropolitan Washington D.C.
o Young Contractors Forum
• Virginia Bar Association
o Construction and Public Contracts Law Section
o Civil Litigation Section
o Young Lawyers Division
o DC Habitat for Humanity

Environmental Community
• USGBC National Capital Region Chapter

Publications and Presentations

• Author, "White Paper: Virginia's Green Building Battle," U.S. Green Building
Council National Captial Regional Chapter, Website Resources, April 2008.
• Author, "Virginia's Green Building Battle," Virginia State Bar, Construction Law
and Public Contracts News, Spring 2008.
• Author, "Does Your Arbitration Agreement Have Holes Making Rulings Less
than Final?" Watt, Tieder, Hoffar & Fitzgerald Newsletter, Summer 2007.
• Contributor, American Bar Association Forum on the Construction Industry,
Construction Law Glossary, 2008.

xiv
• Author, "Does Your Arbitration Agreement Have Holes Making Rulings Less
than Final?" Watt, Tieder, Hoffar & Fitzgerald Newsletter, Summer 2007.
• Contributor, Construction Law Glossary, American Bar Association Forum on the
Construction Industry, 2008.

xv
2
 1

ALI-ABA Audio Seminar

Attorney's Role in LEED Construction

May 29, 2009
Telephone Seminar/Audio Webcast

Attorney’s Role in LEED Construction

PowerPoint Presentation

By

Chris Cheatham
Watt Tieder Hoffar & Fitzgerald, LLP
Mc Lean, Virginia

Shari Shapiro
Obermayer Rebmann Maxwell & Hippel LLP
Philadelphia, Pennsylvania
 2

Attorney’s Role in
LEED Construction
Shari Shapiro, LEED AP, Esq.
Chris Cheatham, LEED AP, Esq.

May 29, 2009

What is “green” building?
• A green building, also known as a
sustainable building, is a structure that is
designed, built, renovated, operated, or
reused in an ecological and resource-
efficient manner. Green buildings are
designed to meet certain objectives such as
protecting occupant health; improving
employee productivity; using energy, water,
and other resources more efficiently; and
reducing the overall impact to the
environment.
3
 4

Why build green—

the green reason
• The built environment has a profound impact on
our natural environment, economy, health, and
productivity.
• In the United States alone, buildings account for:
• 72% of electricity consumption,
• 39% of energy use,
• 38% of all carbon dioxide (CO2) emissions,
• 40% of raw materials use,
• 30% of waste output (136 million tons
annually), and
• 14% of potable water consumption.
Why build green—the OTHER
green reason
• The overall green building market (both non-residential and residential)
is likely to more than double from today’s $36-49 billion to $96-140
billion by 2013 (Source: McGraw Hill Construction (2009). Green
Outlook 2009: Trends Driving Change.)
• The value of green building construction is projected to increase to $60
billion by 2010 (Source: McGraw-Hill Construction (2008). Key
Trends in the European and U.S. Construction Marketplace:
SmartMarket Report.)
• The construction market accounts for 13.4% of the $13.2 trillion U.S.
GDP (Source: Department of Commerce (2008). Annual Value of
Construction Put in Place.)
• The green building products market is projected to be worth $30-$40
billion annually by 2010 (Source: Green Building Alliance (2006).
Green Building Products: Positioning Southwestern Pennsylvania as
the U.S. Manufacturing Center.)
5
 6

United States Green

Building Council
(USGBC)

•Founded in 1993
•Non-profit trade org
•Develops LEED
•USGBC Chapters
 Leadership in Energy
and Environmental
Design (LEED)

•Established in 2000
•Green building rating system
•Developed by USGBC
7
8
Certified Silver Gold Platinum
26-32 33-38 39-51 52-69 pts.
9
 10

Other Rating Systems

• Green Globes

• Energy Star

• NAHB

• Earthcraft
Benefits of Green Building
Certification
• Verification

• Marketing

• Regulation

• Incentives
11
 12

LEED Certification Process

• Registration

• Design Review

• Construction Review

• Certification

• [Appeal]
 Green Building Risks
• Parties and Risks
• Owner – choose green building approach
• Architect – incorporate green design
• Contractor – build to plans and
specifications
• Sub-contractors – same as contractor
• Sureties – bond the green contractor
• LEED consultant – ???
13
 14

Green Building Risks

• How do you manage green building risks?
• Understand the Obligee’s expectations
• This is your risk
• Scrutinize the Green Building Contract
• This is how you manage risk
Legal Issues: LEEDigation
• Shaw Development v. Southern Builders
• The Contract
15
 16

Legal Issues: LEEDigation

• Shaw Development v. Southern Builders
• The Contract:
Legal Issues: LEEDigation
• Shaw Development v. Southern Builders
• Damages
17
 18

Legal Issues: Defects

• “Don’t Let Green Design Cause Red Ink”
• Frank Musica, Victor O. Schinnerer and
Co.
• AIA Convention – 2007
• 21 green building claims
 Legal Issues: Defects
• Energy Use Above Promise
“Architects and consulting engineers signed
contract that stated that projects would ‘reduce
operating costs by 50 percent’ over schools of
similar size. Energy usage is comparable to other
schools recently designed and constructed. School
system is publicly embarrassed, disappointed and
blamed as being ‘hoodwinked’ by architect and
engineers. School system brings claim.”

“Don’t Let Green Design Cause Red Ink,” Frank Musica

19
 20

Legal Issues: Defects

• Guarantee of Indoor Air Quality
“Lured by the promise of ‘healthier and
more productive occupants’ basic to LEED
publicity, tenant rents space in Silver
certified building. At end of first year,
tenant’s records indicated greater use of
sick leave. . . . Tenant demands rent rebate
from project based on promise of a
healthful workplace and tenant sues
architect.”
“Don’t Let Green Design Cause Red Ink,” Frank Musica
Legal Issues: Regulation
• Green practices are being incorporated into state
and local zoning and building codes and
ordinances
• 14 percent of U.S. cities with populations of
more than 50,000 have green building programs
• The number of counties with green building
programs has grown by nearly 400 percent since
2003
• Federal statutes require federal agencies to procure
recycled material, reduce energy consumption and
prevent pollution.
21
 22

Types of Green Building

Regulations
• Command and Control Type Regulations
• July 17, 2008—California adopts green building
code for all new construction statewide
• 2007—Boston, Washington, San Francisco, Los
Angeles mandate green building requirements
for new construction above a specified square
footage
• Financial Incentives
• 2008—Portland enacts “feebate” structure
• Non-Financial Incentives
• Expedited permitting; increased FAR, building
height or density for green buildings
AHRI v. City of Albuquerque
• Adopted in 2007, set to take effect in June of 2008, the
Albuquerque Energy Conservation Code was part of
the City’s attempt to significantly reduce carbon
dioxide and green house gas emissions.
• July 3, 2008—Air Conditioning, Heating and
Refrigeration Institute and other HVAC trade
organizations, contractors and distributors sued the
City of Albuquerque to stop components of the city's
high performance building code from taking effect.
• Argue that the Energy Policy and Conservation Act
of 1975 (“EPCA”), 42 U.S.C. 6201, et seq., preempt
the building code's provisions related to energy
efficiency of HVAC products.
23
 24

AHRI v. City of Albuquerque

• October 3, 2008, Chief District Court Judge Martha
Vazquez granted the preliminary injunction, and laid
out her opinion that the Albuquerque Code was indeed
preempted.
• “There is no doubt that Congress intended to
preempt state regulation of the energy efficiency of
certain building appliances in order to have
uniform, express, national energy efficiency
standards.”
• “At the time the Code was drafted the Green
Building Manager, by his own admission, was
unaware of federal statutes governing the energy
efficiency of HVAC products and water heaters and
the City attorneys who reviewed the Code did not
raise the preemption issue.”
Other Regulatory Pitfalls
• State preemption

• Rational relationship requirement

• Void for vagueness

• Confiscatory takings/Reasonable Fees

• Improper delegation of authority

25
 26

The Future
• The Stimulus and Green Building: Funding
• General Services Administration

$4.5 billion
• Department of Defense

$3.6 billion
• States

$3.1 billion and $3.2 billion

 The Future
• The Stimulus and Green Building: Risks
• LEED Certification Guarantees

-www.fedbizopps.gov
27
 28

Cap & Trade

• What is Cap and Trade?

• How might it effect buildings?

• Waxman-Markey Bill
New Model Building Codes
• ASHRAE
Standard 189

• ICC
Commercial
Green Building
Code

• CalGreen Code
29