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  • This blog is maintained by Stephen Filler, a New York-based attorney with expertise in business law, contracts, intellectual property and litigation. He represents a wide variety of businesses, technology, media companies and individuals. He also provides legal and consulting services to sustainable, environmental and renewable energy businesses, non-profit organizations and trade organizations. He is on the board of the New York Solar Energy Industries Association and Secretary of the Hudson River Sloop Clearwater. His business website is www.nylawline.com.

    The Green Counsel consulting website is www.greencounsel.com.

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« October 2006 | Main | December 2006 »

Carbon Offsets

Interesting story on the ambiguities underyling carbon offsets at The World including an interview of Marc Brammer of New York Climate Rescue.


I wrote about offsets recently here. And for recent developments on offsets and carbon neutrality, see Mark Trexler's excellent synopsis here.

Act Locally: Ten Steps Toward Sustainability -- Step 6: Create Biotic Corridors

Ecosystems do not respect municipal borders and, unfortunately, municipalities have generally returned the favor. Communities, however, can band together to create biotic corridors that maintain important ecosystems and biodiversity. Recently, the Metropolitan Conservation Alliance of the Wildlife Conservation Society has worked with the New York towns of Lewisboro, Pound Ridge and North Salem to preserve habitats spanning 22,000 acres known as the Eastern Westchester Biotic Corridor. The New York towns of Cortlandt, Putnam Valley and New Castle just reached a similar agreement for the Croton-to-Highlands Biotic Corridor.


See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business
Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings
Step 4: Set A Goal of Zero Waste
Step 5: Enact Environmentally-Friendly Land Use Laws

Act Locally: Ten Steps Toward Sustainability -- Step 5: Enact Environmentally-Friendly Land Use Laws

The New York Constitution states that "the policy of the state shall be to conserve and protect its natural resources and scenic beauty," and the State grants broad authority for localities to enact environmentally-friendly laws. Comprehensive plans and other local laws can protect sensitive areas and native plant species, implement water use and conservation goals, protect trees, and require environmental mitigation measures. Cluster zoning can limit a development's footprint and maintain more contiguous open space. Incentive zoning can encourage developers to use renewable energy, energy efficiency, reduced impervious surfaces, and maintain native vegetation.

Some excellent resources on sustainability and land use:

Smart Growth Network
Nature Friendly Ordinances, James M McElfish Jr., 2004
Westchester Land Trust

See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business
Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings
Step 4: Set A Goal of Zero Waste

Act Locally: Ten Steps Toward Sustainability -- Step 4: Set A Goal of Zero Waste

In March 2006 the Oakland, CA, City Council adopted a "Zero Waste" goal by 2020 and commissioned the creation of a "Zero Waste" Strategic Plan. Oakland has already achieved the 50% waste reduction goal mandated by California law, primarily through residential recycling collection programs and free market recycling services available to businesses. As opposed to traditional waste management principles, the "Zero Waste" strategy presumes that products are designed to be repaired, reused or recycled, and so that no waste is a threat to planetary, animal or plant health. Communities can strive toward "Zero Waste" by implementing policies to reduce (promote low-impact or reduced-consumption lifestyles, and reduce volume and toxicity of waste); reuse (foster use of discarded materials to stimulate and drive local economic growth); and recycle (improve "downstream" recycling of end of life products and materials to ensure highest and best use).

On a simpler level, municipalities can mandate municipal purchasing of recycled products such as paper. Communities can also create a materials exchange program for items such as computers and chemicals, or give incentives to reduce waste by charging residents based upon the amount of waste they generate with "pay as you throw" programs. Local laws should also insure that communities use "dual steam" recycling, meaning that paper and cardboard is separated at the curbside from bottles, cans and plastic. There is an unfortunate trend toward mixing all recycled waste in a "single stream," which is less expensive for haulers, but undermines the value of the recycling (paper with glass shards, for example, cannot be recycled).

See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business
Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings

Webcast on Global Warming in the Courts

This Friday, Nov. 10 at 9:30 AM, the Georgetown University Law Center will sponsor and webcast a seminar entitled "Global Warming in the Courts: An Overview of Current Litigation and Common Legal Issues."

The first panel will examine Massachusetts v. EPA, the upcoming U.S. Supreme Court case involving global warming and the Clean Air Act. The second panel will explore current and potential sources of global warming litigation, including common law nuisance doctrine, the National Environmental Policy Act, federal preemption doctrine, and corporate liability.

More information, and a link the the webcast, can be found here.

I'm told that the webcast will be available online after the event as well.

Act Locally: Ten Steps Toward Sustainability -- Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings

Buildings consume one third of energy and two thirds of electricity used in the United States. They are responsible for 35% of the country's CO2 emissions and 40% of raw materials consumed worldwide. "Green" buildings are blooming, however, because of new environmentally-friendly building materials, economic incentives and the financial savings of energy efficiency.

The U.S. Green Building Council has developed the LEED (Leadership in Energy and Environmental Design) rating system for green buildings, and certifies buildings that integrate sustainability, energy and water efficiency, renewable resources and indoor environmental quality. Many municipalities have incorporated LEED standards into laws governing construction of public buildings. In 2005, New York City mandated LEED standards for nonresidential public buildings costing over $2 million, and for private projects receiving signficant public funding. Many localities offer benefits to builders who incorporate LEED into private projects, including tax credits (Maryland), higher zoning density allowances (Arlington County, VA), and reduced permit fees and fast-track permits (Gainesville, FL).

In 2002, the Town of Greenburgh, NY, passed a ground-breaking law requiring most new dwellings to meet Energy Star Labeled Home guidelines that typically use 30% less energy with improved thermal windows, tightly sealed ducts, and high efficiency heating and cooling equipment (HVAC).

Some Colorado communities have charged extra fees for energy-wasting homes. In Aspen, homeowners are charged special fees if their homes are over 5,000 sq. feet or if they exceed an "energy budget" allocated to their property. These fees funded more than $2 million in energy efficiency and renewable energy projects during the program's first two years.

See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business

Act Locally: Ten Steps Toward Sustainability -- Step 2: Support Local Business

In his new book, "The Small-Mart Revolution," Michael Shuman argues that local businesses create a vibrant local economy with more local jobs and wealth. Smallmartcover_3
A strong local economy also reduces transportation, and makes it easier for a community to maintain high environmental and labor standards (local businesses won't move simply to find a place with less protective laws).

And because shorter supply lines substantially reduce emissions (most food travels 1500-2000 miles before eaten), Bill Mckibben has said that local business may "be one of the keys to containing global warming." Municipalities can support local business by implementing local purchasing preferences, instituting "buy local first" campaigns, providing local business directories and training, and removing subsidies and other benefits for non-local businesses.

Large box stores and shopping malls are a particular problem. They contain huge impervious surfaces, lead to more driving by shoppers, and result in longer supply chains in the delivery of their products. Localities can enact size ordinances limiting the size of single retail stores and shopping malls. Localities may also require that new retail stores undergo special review if they exceed a particular size, or generate substantial vehicular traffic. The Institute for Local Self Reliance has put together an excellent BigBoxToolKit to help communities keep out big box stores, or reduce their footprint.

Local business networks are cropping up around the country. For example, in the Hudson Valley in New York, the newly formed Hudson Valley Sustainable Business Network, a project of Sustainable Hudson Valley, is working on a wide range of projects to support the local economy. The Business Alliance for Local Living Economies is an alliance of 37 independently operated local business networks with more than 12,000 members dedicated to building local living economies.

See also:

Act Locally: Ten Steps Toward Sustainability
What is Sustainability?
Step 1: Create a Sustainability Task Force

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