Environmental Law

Green Building on Brownfield Sites

By M. Joel Bolstein

In my last entry, I wrote about using brownfield sites to generate solar energy.  In this post, I'd like to focus on one of the hottest topics in the field of environmental law -- green building. 

What is a green building?   According to EPA's website, "a green building" is a building that is "purposely designed to reduce both the direct and indirect environmental consequences associated with its construction, occupancy, operation, maintenance and eventual decommissioning."  The U.S. Green Building Council (which is a coalition of approximately 2000 different organizations) developed a certification system that can be used to qualify buildings as "green buildings".  The certification system,  which is referred to as LEED for Leadership in Energy and Environmental Design, uses a 69 item checklist.   A project must achieve a minimum of 26 points in order to qualify for certification.   LEED ratings range from Platinum to Certified and reflect a number of factors, including water conservation, energy use and efficiency, and use of recycled or environmentally beneficial materials. 

What kinds of design features are considered in constructing a green building?  First, of course, is the location.  According to EPA, "the most ideal site for a Green Building" is a brownfield.  Brownfields are good locations because they already have the infrastructure (sewer, water, roads) in place and are more likely to have mass transportation available.  The building should also be designed to conserve water and energy.  EZFLO faucets eliminate water waste, for example, by shutting off when they aren't in use.  Recycled materials should be used as much as possible.  For example, using waste wood fiber or recycled plastic instead of virgin wood for decks or using recycled tires or fibers for floors and carpets.  Landscaping should also be designed to utilize native plants that require minimal irrigation or pesticides to maintain.  Plants should also be used to provide shade to reduce energy costs.     

A few years ago, EPA launched its Green Buildings on Brownfields Initiative.   The Agency selected eight communities for pilot projects to encourage the use of green building techniques at brownfield properties.  At the conclusion of the pilot projects, EPA issued a fact sheet looking at the lessons learned for building green on brownfields.  The five lessons were (1) green buildings can leverage green money in that 5 of the pilots involved green buildings for non-profit organizations that used their eco-friendliness as a showcase for fundraising; (2) some pilots were successful in using green buildings to demonstrate a renewed commitment to a healthy community to replace an image resulting from a legacy of contamination; (3) education through the use of visual presentations was helpful in explaining the benefits of green building over conventional buildings; (4) establishing clear green goals early helped cut down on costly design changes; and (5) it may be challenging to find green building expertise in smaller towns and cities, but help is available.  At this point, EPA is not planning any additional Green Buildings on Brownfields pilots.  Although EPA has said it doesn't intend to issue any more pilot grants, the lessons learned by the Agency are very helpful.  

Let's think about the benefits of using green building techniques on a brownfield site.  The most obvious benefit is in marketing.  The American consumer is becoming greener by the day.  Green consumer products, such as hybrid cars, are in high demand.  Those same consumers are also corporate decision makers.  Many companies want to build an image of eco-friendliness for their customers, and one way of demonstrating that kind of commitment is to bring those customers to a green building.  The PADEP has built a number of Green buildings, including its district mining office in Ebensburg, Cambria County, which was the first in the U.S. to receive a LEED gold rating.  That office building used recycled structural steel and roofing shingles and paint and adhesives made from low or no VOC content.  It makes sense for the state environmental agency to build green buildings but what about a fast food company, like, let's say McDonald's.  Well, a new McDonald's built in Savannah, Georgia shows that even a burger shop can go green.  According to an article in QSR Magazine, the McDonald's, along with a nearby Panera's, are part of one of the country's first green certified shopping centers, called Abercorn Common.  At that shopping center, stormwater flows through porous pavement, rooftops are painted white to reflect heat, and the stores are positioned so that sunlight provides most of the lighting during the day.  The owner of the McDonald's says that he has seen real savings on his water and utility bills.  There's no need for a sprinkler system to keep the lawn green, because water from roof drains is collected for on-site irrigation.  In fact, the shopping center's owner calculated that 5.5 million gallons of rainwater is collected annually and used to irrigate the center's landscaping.   

One argument people have made against building green is that it can be more expensive than using conventional building techniques.  While it's true that up-front costs may be higher, the Green Building Council has estimated that an upfront expenditure of 2 percent in green-design will net a 20 percent return on total costs over a twenty year period.  At the Abercorn Common shopping center, the owner said the total incremental cost added for his green building elements was less than 1 percent of construction costs.   

Green building is happening right here in Pennsylvania.  In an article appearing in the Philadelphia Inquirer on October 25, 2007, O'Neill Properties Group announced that it was building 6 new green commercial office buildings in Bensalem, Bucks County, at the former Eastern State School and Hospital.  In addition, the 58 story Comcast Center being built in Center City Philadelphia, will be  a  LEED certified green building.   Overall, there are currently 27 certified projects and 150 registered sites in the Delaware Valley. 

The value of green building construction starts is expected to exceed $12 billion in 2007.   As more builders decide to go green, their counsel need to become more familiar with the certification process and the specific issues that arise in green building, such as defining terms and understanding claims made in contract documents.  Careful attention needs to be paid to interactions with design professionals and to product warranties.  My partner, Phil Hinerman, is a board member on the US Green Building Councils' Delaware Valley Chapter.  We intend to keep a close watch on green building trends and use this space to provide updates on new developments, especially new brownfield projects involving green building. 

Full post as published by PA Brownfields Environmental Law on November 01, 2007 (boomark / email).