Darren A. Prum

Green Building Geography Across the United States: Does Governmental Incentives or Economic Growth Stimulate Construction?

As green building activity continues to rise across the country, some state governments decided to create incentives that would motivate developers to voluntarily pursue third party certification for their real estate projects in order to assist in meeting sustainability and environmental goals. Despite the growing number of studies in green buildings, the geography of green buildings and sustainable construction only includes a few studies, which emphasize the lack of green building research from the spatial perspective and their relevance to public policies the lack of green building research from the spatial perspective and their relevance to public policies. This study analyses spatial distributions of certified green buildings in relation to governmental incentives deemed necessary to further environmentally friendly public policies that embrace sustainable construction practices while applying a regression analysis over time to determine the impact of such a course of action in relation to economic growth. This study focuses on each of the six states that applied tax incentives. The regression analysis between the number of certified green buildings and Gross Domestic Product in each state shows positive correlation between the two indicating an economic growth is a significant factor to explain the growth in green buildings.

Our Own Private Sustainable Community: Are Green Covenants, Conditions, and Restrictions a Viable Alternative to a More Environmentally Sustainable Future for Homeowners?

Residential and commercial property owners have sought for centuries to develop and enrich their physical environment through private land use planning. In more recent decades, residential owners residing in community interest communities have been particularly active in crafting an evolving array of deed restrictions contained in Covenants, Conditions and Restrictions( CC&R’s). CC&R’s, which are generally created by the CIC developer, are mutually binding and enforceable against all those who live or conduct business in self-selected residential subdivisions or commercial developments. Importantly, CC&R’s are monitored sometimes quite forcefully, under the watchful eye of an empowered planned development association. Although the typical post World War II CC&R’s were often mundane, governing setbacks, parking and vehicular restrictions, architectural requirements, non-household animals, sight and smell nuisances, trash containment and landscaping and plants, more recent CC&R’s are venturing into new and generally uncharted waters by promoting environmental sustainability. More specifically, a growing number of CIC’s are establishing green building goals, such as those certified by the United States Green Building Council’s (USGBC) which maintains its now familiar Leadership in Energy and Environmental Design or LEED rating system. Initial attempts at promoting environmental sustainability ratings, even while opposed by some, have placed an emphasis on improved water usage and environmentally compatible landscaping, but are now expanding in ever greater directions, including architectural design requirements. This article evaluates some of the potential problems green developments likely will face in this emerging approach to private regulation through an extensive discussion of our two case studies.

Mandating Sustainability: When Federal Legislation May Preempt the Best Green Building Code Intentions

As sustainable practices continue to sweep across the country, the federal, state, and local governments chose to further encourage the construction industry through various legislative and regulatory actions. In these initiatives, the policymakers need to decide on whether to incentivize participants or compel compliance as well as whether to set their own standards legislatively or to adopt programs developed by third party organizations. In making these decisions and adopting legislation, the state and local policymakers may inadvertently spark another round in the lengthy struggle for power with the federal government under the Supremacy Clause of the Constitution. With this situation at hand, this chapter considers the approaches taken by federal and state governments, the solutions presented by third party organizations, and the responses by the courts to such legislative initiatives relating to environmentally friendly policies that promote sustainability mandates in construction.

Enforcement of Gaming Debt

ACUSTOMER’S EASY ACCESS TO CREDIT when purchasing goods or services has become an integral part of today’s business landscape. These transactions often occur when the business and the customer enter a contract that allows the extension of credit from the enterprise with the requirement that the patron repay the debt at a future date. Generally, these contracts are deemed enforceable; however, sometimes the courts consider a contract to be unenforceable when defenses such as public policy are raised.1 Like other industries that issue advances to their customers, the casinos also enter contracts to provide immediate credit to their patrons to facilitate the many services they provide. In New Jersey and Nevada, approximately

In Third Parties We Trust? The Growing Antitrust Impact of Third-Party Green Building Certification Systems for State and Local Governments

5.0 Billion of credit is issued each year to patrons of gaming establishments.2 While the gaming industry is similar to other businesses in providing credit to its customers, the courts have treated their access to the legal system and the enforcement aspect of these debts very differently from other industries.3 Many courts have grappled with a number of different issues in confronting the dilemma of how to treat claims for gaming debts.4 Some courts have traditionally reasoned these contracts unenforceable on the grounds that public policy prohibits access to the courts and the enforcement of casino credit due to incurrence of the debt for gambling purposes.5 Other courts have deemed the contracts unenforceable because the subject matter of the contract was illegal.6 However, some courts have allowed criminal prosecution under a state’s bad check statutes.7 Regardless the approach in enforcing the debt, the extension of credit in gaming has become vital in facilitating and furthering the goals of companies conducting business in the industry.8 This extension of credit to its customers has developed into an intricate system whereby the casino provides easier and wider access to its services while increasing the wagering activity of its patrons.9 Moreover, by receiving casino credit, the customer does not face the security risk of carrying large amounts of cash in public and can readily access this