Join me at the PA/NJ Sustainability Symposium on March 12

For all my Pennsylvania and New Jersey fans, I will be speaking at the third annual PA/NJ Sustainability Forum on March 12, 2013.  To get more information and register click here.

The half-day forum will bring together over 600 industry, education and community leaders to share best practices, address challenging issues and provide cutting edge information about sustainability in the Delaware Valley. 

My panel will cover:

Codes and Disclosure Mandates: The key to market transformation?

The other members of my panel are: 

• Katherine Gajewski: Director, Mayor’s Office of Sustainability, City of Philadelphia
• Cliff Majersik: Executive Director, Institute for Market Transformation
• Priscilla Richards: Program Manager, New Construction, NYSERDA

In addition, Mayor Michael Nutter and Rob Powelson, Chairman of The Pennsylvania Public Utility Commission will be keynote speakers.

The details are as follows:

Tuesday, March 12th, 2013
7:45 AM - 1:30 PM

Temple University
Performing Arts Center
1837 North Broad Street
Philadelphia, PA 19122

The Spirit Of The Law--Is Baltimore's Proposed 25th Street Station Green?

In 2009, Baltimore passed an amedment to its building code requiring public and private buildings above 10,000 gross square feet to "be equivalent to a LEED “Silver” level."  Obviously, the goal was to get buildings in Baltimore to be more environmentally friendly. Fast forward a year, and a controversy is brewing over whether a proposed Big Box project, including a Lowe's and a WalMart is actually green.  There is some rumbling that the project was not green because it was not being certified by the USGBC, and may not be properly managing its wastewater.  According to Baltidome:
 

During community testimony at the hearing, the Planning Commission was presented with concern that the developers were not applying for LEED “Silver” certification for the project and that the proposed development appears to be failing in its method for waste water management of the site. Despite the developer’s assertions, the project may, in fact, be ineligible for LEED “Silver” standards set by the city.

Without deeply analyzing the nicities of wastewater management, the resistance to the 25th street station project appears to be mainly one of local vs. chain.  But I am wrestling with the more baasic regulatory concept of incentivizing inner city development because it is green, even if it does not embrace green building practices.

Work with me here.  Cities are inherently green.  One of my favorite New Yorker articles of all time was David Owen's 2004  piece on why New York City is sustainable.  The argument for 25th Street Station's green cred goes like this "If the 25th Street Walmart project comes to fruition, your average Baltimorean will have greater access to retail within walking or short driving distance.  No need to go to the suburbs to shop, wasting fossil fuel and requiring expensive additional infrastructure.  In addition, it provides an amenity which makes inner city living more attractive."  Weighed against that, of course, is the long distance shipping of goods to WalMart, and potentially the non-green siting and construction practices. But the non-green practices and the long distance shipping would exist wherever WalMart built, in downtown Baltimore or in an exurban location. 

Baltidome is rightly concerned that Baltimore's green building regulations are not being enforced, and there is currently considerable stress on municipal budgets which are leading to green building programs being scaled back.  Are we better off, in an era of severly constrained municipal finances, focusing on incentivizing urban development and renewal than specifying (and enforcing) green building practices?  

Intel Believes Sustainability Part Of Fiduciary Duty Under Delaware Law

In an interesting move, Intel provided an institutional investor--Harrington Investments, Inc.--with an outside legal opinion stating that under Delaware Law directors have a fiduciary duty to address corporate responsibility and sustainability performance as specified in the committee charter.

 According to the HLL website

"Intel has acknowledged in their committee charter, that directors must take into consideration corporate responsibility and sustainability performance, including long and short term trends and impacts on Intel's business, as part of their fiduciary duty," said John Harrington, President and CEO of HII. "This is a major victory for advocates of corporate responsibility and environmental sustainability, and others who strongly believe that these issues are essential in recognizing directors' and officers' fiduciary duty."

If it is corporate malfeasance not to take sustainability and climate change risk into consideration, it will be a significant motivating factor in moving companies towards sustainability. 

I would love to see the legal opinion--special GBLB prize to the first reader who gets it to me!