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Green Building Rating Systems and Green Leases

[Editors' Summary: This Article is adapted from The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing ch. 2 (J. Cullen Howe & Michael B. Gerrard eds., 2010). Copyright © 2010 by the American Bar Association and co-published with ELI Press. Reprinted by permission. This book provides an overview of green building law from a variety of well-known attorneys and other professionals in the green building field. These legal issues are likely to evolve quickly—and perhaps radically—in the coming years.

Merrill v. Ohio Department of Natural Resources

The Supreme Court of Ohio held that the territory of Lake Erie held in trust by the state of Ohio extends to the natural shoreline, which is the line at which the water usually stands when free from disturbing causes. Case law from 1878 and 1916, as well as the Fleming Act, enacted by the Ohio G...

Ross v. California Coastal Commission

A California appellate court held that the California Coastal Commission complied with the California Coastal Act and the California Environmental Quality Act when it certified a coastal development project along beachfront dune property in the city of Malibu. Petitioners argued that the commiss...

Hugo v. Nichols

The Tenth Circuit held that an Oklahoma city and a Texas city that entered into water contracts with one another lack standing to challenge Oklahoma's water appropriation permitting process as unconstitutional under the Commerce Clause. The claims at issue here are based on a substantive provisi...

Gutierrez v. County of San Bernardino

A California appellate court affirmed a lower court decision dismissing homeowners' inverse condemnation claim against a county for damages they sustained following storm-induced floods in 2003 and 2004. The homeowners alleged that during both storms, a county roadway concentrated and exacerbated th...