Lawyer Asks The Hard Questions About Green
In a nation with relatively free speech there are always those who get off the politically-correct thought patterns and suggest the prevailing thought might be due for some scrutiny. These voices are necessary because so often group think is nothing more than repetitive sound bites that large numbers of people simply assume to be true.
The rise of entertainment journalism personified by anchors like Lou Dobbs, and radio personalities like Rush Limbaugh, adds politically-correct emotion to topics that would be better served by “just-the-facts.”
So when it comes to construction topics it is always refreshing to hear from those who offer opposing views without a lot of entertainment spin. One such personality is veteran environmental attorney James A. Kosch. Kosch has been mentioned on these pages before as he called for us to really think about where we were going with our green initiatives.
Now, about a year later, he’s back and proffering that the green building craze is here to stay, but that it probably isn’t going to reward us with quite the utopian visions we harbor. That, of course, has to do with money. Kosch is also still asking some hard questions, and perhaps causing some to think about the long-term challenges that green is bringing, particularly when it comes to the law.
…We can now ‘do green’ much more effectively than in the past.”
Still, major uncertainties remain. Legal professionals tracking this trend are navigating uncharted territory on issues related to water reuse, energy generation and sales, tax credits, insurance, economic incentives, easements for light, air and conservation, and much more, Kosch explained. They must pay particularly close attention to the status of legislation and regulation that affects, or may affect, future projects, he added.
So far this year, for example, New Jersey lawmakers have introduced 20 or 30 green-building related bills. “Fortunately, much of this legislation shows a moderating sensitivity to the economic challenges now faced by New Jersey businesses. We’ve seen bills pass that provide flexibility,” Kosch said. “That is a positive development. After all, the Soviet Union tried command-and-control, and it didn’t exactly work.”
