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Legally Green: What Lawyers Need to Know About Sustainable Design

2008

The American Institute of Architects (AIA) has adopted new board policies on sustainable design; the AIA’s 2007 contract forms contain new sustainable design obligations; and the AIA’s Code of Ethics and the National Society of Professional Engineers’ (NSPE) Code of Ethics, were revised in 2007 to add entirely new sections on sustainability. As of January 1, 2008, 28 states have passed new laws requiring sustainable design considerations for new construction projects, with most of them mandating minimum LEED® certification levels. The Federal government has assed “green” laws for public projects and there are several bills pending in Congress. Hundreds of cities and counties have enacted local ordinances with many variations on LEED requirements and sustainable measures required for both public and private development.

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