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Legal Hurdles Faced by Deep Green Buildings: Case Studies and Recommendations

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dc.contributor.author O’Brien, Kathleen
dc.contributor.author DeNamur, Nicole
dc.contributor.author Powers, Elizabeth
dc.date.accessioned 2013-12-11T20:57:22Z
dc.date.available 2013-12-11T20:57:22Z
dc.date.issued 2013-12
dc.identifier.citation 3 Wash. J. Env. Law & Pol'y 125 (2013) en_US
dc.identifier.issn 2160-4169
dc.identifier.uri http://hdl.handle.net/1773.1/1300
dc.description Volume 3, issue 2, Nov. 2013 en_US
dc.description.abstract Kathleen O’Brien, LEED AP, CSBA, Cascadia Fellow and Founder, O’Brien and Company, Inc., one of the first green building consultancies in the country. Nicole DeNamur, J.D. and LEED Green Associate, Pacifica Law Group. Elizabeth Powers, LEED AP BD+C, LEED AP ID+C, CSBA, Principal, O’Brien and Company. ABSTRACT: The recent emphasis on building design, construction, and performance has revealed legal challenges and risks an owner or project team may face when attempting to construct a “deep green” building. The intent of this article is to encourage and facilitate the development of deep green and high performing buildings by reducing perceived and actual risks as well as challenges associated with their development, construction, and operation. This article explores these risks and challenges through a discussion of specific examples from two case study projects located in Seattle, Washington. These examples are arranged in two broad categories: (1) the process of achieving a deep green, high performing project, and (2) specific aspects of the technology employed to achieve deep green goals. As most technical challenges that the case study projects faced could be resolved through process improvements, the reader will note that solutions identified through the case studies are heavily weighted toward process. The authors’ recommendations, based on input from policy planners, construction lawyers, and leasing and operations professionals, are also heavily process-oriented. These recommendations include aligning code with municipal goals, integrating green codes, leading by example, leveraging existing regulations, developing demonstration ordinances (for policy planners), assigning risk reasonably, understanding appropriate responsibilities, encouraging an integrated process (for construction lawyers), and encouraging the use of green leases and collection of building performance data (for leasing professionals). en_US
dc.language.iso en_US en_US
dc.publisher Seattle, WA: University of Washington School of Law en_US
dc.subject Article en_US
dc.title Legal Hurdles Faced by Deep Green Buildings: Case Studies and Recommendations en_US
dc.type Article en_US
dc.rights.holder Copyright 2013 by Washington Journal of Environmental Law & Policy. en_US

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