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Sustainability. Green Building. Energy Efficiency. Environmental Stewardship. Economic Viability.  The KMK Green Team, formed in 2007, is a multi-practice group of attorneys from the Real Estate, Environmental, Economic Development, Construction, and Tax Law Groups. Together, we assist developers, property owners, and construction professionals with the implementation of Green building and sustainable energy principals that enhance the value of their projects and take advantage of available incentives. Two of our attorneys are LEED AP Certified.

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USGBC Announces Top 10 Pieces of Green Building Legislation

The US Green Building Council recently released its "Top Ten Pieces of Green Building Legislation in the 111th Congress."  Interestingly enough, only one of these pieces of legislation has actually been passed into law, and that is the often discussed American Reinvestment and Recovery Act (see our previous summary of that legislation).

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Court Overturns Ohio Minor Emission Source Exemption

In a decision that will affect many businesses with small emission sources, on February 2, 2010, a federal district magistrate for the U.S. District Court, in Sierra Club v. Christopher Korleski, Case No. 2:08-CV-865 (U.S. District Court, Ohio), ruled that Ohio’s New Source Review (NSR) exemption for minor emission sources was invalid.

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CONTACT: Brian M. Babb

Update on Cincinnati Environmental Justice Ordinance

On February 10, 2010, the Cincinnati City Counsel approved an ordinance to formally delay the effective date of the City’s new environmental justice ordinance until February 1, 2011.  Implementation and enforcement of the ordinance was delayed due to a lack of funding.  The ordinance will require new or expanding manufacturing facilities to obtain an environmental justice permit.

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CONTACT: Brian M. Babb

Make Sure Your Lease Allows Recycled Materials

I recently reviewed a lease that contains language requiring that any addition to the building must use "new" materials.  This languge gave me pause for concern because the term "new" is not defined and could be construed as prohibiting the use of recycled materials.

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CONTACT: Sean S. Suder

How Foreclosures Can Make Cities Greener

I was recently introduced to the concept of "Shrinking Cities" by an article in the latest issue of Urban Land Magazine ("Shrinking Cities, U.S.A." by Elizabeth Lunday, November/December 2009).  "Shrinking cities" are cities with declining populations that no longer require the building stock once necessary to house those lost populations.  The article uses Flint, Michigan, and Youngstown, Ohio, as examples of cities that are "right-sizing" themselves after decades of urban abandonment. 

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CONTACT: Sean S. Suder

Update on Cincinnati Environmental Justice Ordinance

As of December 21, 2009, it will become more difficult to build a new manufacturing facility or expand an existing one in the City of Cincinnati.  The law which will take effect is the Cincinnati Environmental Justice Ordinance and is believed to be the only one of its kind in the United States.

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CONTACT: Brian M. Babb

More Implications of Building Green

In a recent article by Fernando Landa in Urban Land Magazine ("The Legal Implications of Green Building," October, 2009), he notes a couple of new green building legal implications which are worth further consideration. 

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CONTACT: Sean S. Suder

Implications of LEED-ND

I am considering the practical effects of LEED-ND® communities, which are a long way from being realized since the program was just launched in 2009.  What will LEED-ND communities look like?  Will they be as diverse as they are sustainable? 

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CONTACT: Sean S. Suder

Cap and Trade Delayed, Mandatory Green House Gas Reporting Is Here for Some

With federal health care reform garnering most of the attention these days, it seems fairly certain we will not see a Cap and Trade law for greenhouse gas emissions out of Washington any time soon.  Nonetheless, some companies will still find themselves subject to mandatory reporting requirements for greenhouse gas (GHG) emissions in 2010. 

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CONTACT: David A. Meyer