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Green Building Rating Systems and Green Leases

[Editors' Summary: This Article is adapted from The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing ch. 2 (J. Cullen Howe & Michael B. Gerrard eds., 2010). Copyright © 2010 by the American Bar Association and co-published with ELI Press. Reprinted by permission. This book provides an overview of green building law from a variety of well-known attorneys and other professionals in the green building field. These legal issues are likely to evolve quickly—and perhaps radically—in the coming years.

Western Watersheds Project v. Salazar

A district court held that BLM's EISs associated with the Craters of the Moon and Pinedale resource management plans (RMPs) failed to adequately analyze impacts to the sage-grouse in violation of NEPA. The Craters of the Moon EIS did not discuss in any manner alternatives that reduced grazing short...

Merrill v. Ohio Department of Natural Resources

The Supreme Court of Ohio held that the territory of Lake Erie held in trust by the state of Ohio extends to the natural shoreline, which is the line at which the water usually stands when free from disturbing causes. Case law from 1878 and 1916, as well as the Fleming Act, enacted by the Ohio G...

Minard Run Oil Co. v. United States Forest Service

The Third Circuit upheld a preliminary injunction against the U.S. Forest Service prohibiting it from halting any drilling in the Allegheny National Forest until a multi-year, forestwide EIS under NEPA is complete. Until recently, oil and gas drilling in the Forest was managed through a cooperative ...

Ross v. California Coastal Commission

A California appellate court held that the California Coastal Commission complied with the California Coastal Act and the California Environmental Quality Act when it certified a coastal development project along beachfront dune property in the city of Malibu. Petitioners argued that the commiss...

Holy Cross Neighborhood Ass'n v. U.S. Army Corps of Engineers

A district court enjoined the U.S. Army Corps of Engineers from continuing with its Industrial Canal Lock Replacement Project in New Orleans until it complies with NEPA and the CWA. The canal is a manmade waterway that provides access from Lake Pontchartrain and the Gulf Intercoastal Waterway to...

Barnes v. United States Department of Transportation

The Ninth Circuit remanded the FAA's decision not to prepare an EIS in conjunction with its approval of an airport runway construction project. Relying chiefly on two cases involving airport improvements—neither of which involved a new runway—the FAA argued that an EA need not account for the gr...