The Sustainable Real Estate Journal

May/JuneMay/June 2018 2018 Toxic Cleanup with Constructed Marshes Sustainable Stormwater/Flood Solutions

Bringing More Sustainability Into Business Models

New Tariffs on Solar Imports Generate Mixed Reactions from the Industry

The Politics Behind Oil Extraction in Ecuador and the Fight to Preserve the Rainforest

A New Paradigm of Regeneration and Self-Reliance

White Pine

A Blueprint for Prodigious Change - Where Buildings,

Man, and Nature Co-exist and Prosper

This book details a new direction in real estate management and development, creating a more symbiotic relationship between the built environment and the natural world. Net re- sults include reduced operating/building costs, healthier environments, increased property values, more wildlife habitat...

New Release from SolarWinds Publishing • Manage real estate for more profit, independence and self-reliance • Get year by year investment analyses of sustainable upgrades • Know how lake water quality directly affects property values • Turn polluted, algae-ridden lakes into healthy ecosystems without chemi- cals or dredging • Solve flooding problems while replen- ishing aquifers • Learn how to size and specify your solar electric system • Learn more efficient, durable, and less expensive alternatives to tradi- tional copper piping systems • Compare true participatory democra- cy of Native American governments with todays political systems • See how governments around the world are drafting Rights of Nature For more information and ordering go to: legislation to prevent corporate ex- www.solarwindspublishing.com ploitation...

White Pine—The Sustainable Real Estate Journal is published bi-monthly by SolarWinds Publishing, Inc. © 2018 Solarwinds Publishing, Inc. All rights reserved. 1801 Kinsmere Dr. Trinity, FL 34655 Tel: 727-946-1766 ISSN 2373-6135 Print; ISSN 2373-6143 Online Editor in Chief and Publisher Don Kulak Graphics and Design: James Denny; Printing David Schenk: Ourprintproducts.com. 2 The Sustainable Real Estate Journal Table of Contents

A New Paradigm of Sustainability and Self-Reliance 4

Bringing More Sustainability Into Business Models 5

New Tariffs on Solar Imports Generate Mixed Reactions from the Industry 8

Record Environmental Judgement Moves to Ontario Superior Court in Toronto Long running dispute between petro-giant Chevron and Ecuadorian citizens has Canadian component 12

Sanctions Filed Against Grant Township, PA Lawyers For Trying to Prevent PGE’s Fracking Wastewater From Poisoning Water 14

The Politics Behind Oil Extraction in Ecuador and the Fight to Preserve the Rainforest 16

The Future of Building: Georgia Tech’s Kendeda Building for Innovative Sustainable Design 20

The Concept of Arcology—Conversations with Paoli Soleri 22

U.N. Conference on Sustainable Development Indigenous People of Brazil Speak Out on Colonization, the False Green Economy and our Relationship to the Earth 25

A Better Way to Rate Green Buildings 28 LEED sets the standard for green buildings, but do green buildings actually save any energy?

Japan’s largest 13.7MW Floating Solar Power Plant Begins Operations 38

The White Pine is a native American symbol of powerful and timely ideas about human relations and social order, about the alignment of Human Law with Spir- itual Law and Natural Law. It has four white roots that extend to the north, south, east and west of Turtle Island or North America. 3 White Pine A New Paradigm of Regeneration and Self Reliance

by Don Kulak, Editor

hat if the health of life-giving ecosys- the framework of the surrounding land/water W tems were part of real estate invest- for maximum efficiency. This includes analy- ment and development profit / loss state- sis of the topography, vegetation, type of ments? What if the short and long term ef- structure, ventilation, HVAC, climate, sun- fects to these ecosystems factored into the shine or lack thereof, rainfall and drainage bottom line of year to year pro formas? systems, etc. To consider these variables in In many cases the bottom line would designing an efficient and integrated system show more profit, not only from reduced op- will bring the most return on investment erating costs but also due to the increased while commanding higher appraised values. value of surrounding land, ecosystems, aqui- It will show the status quo is outdated, fers, etc. This would be treating land, water, inefficient, dirty, destructive, and in the long air, vegetation, and animals as invaluable, run, much more expensive. indispensable assets. This would be one great step towards Today, this is not the case, as short term the co-existence of human beings and the monetary gain is the priority, even if that natural world. We could finally become stew- means destroying natural systems in the pro- ards of the earth and insure a quality of life cess. The monetary cost of environmental for generations to come. It would be more in degradation is typically not paid by the inves- line with the indigenous peoples’ attitude of tors/developers, but rather by the surround- respect for the earth as a living being. It is ing communities and future residents and also to honor the Constitution of the United businesses in the area. States – “...to life, liberty, and the pursuit of What if you defined the end result on happiness...” your own terms, without limiting belief sys- Our founding fathers were in accord tems imposed from a worn out paradigm of with many aspects of indigenous culture and either the economy or the environment, prof- philosophy. Thomas Jefferson said that it or health, us against them.. This is about a “...the earth belongs to the living...” and that new model based on win-win scenarios. It’s “No man can by natural right oblige the lands blowing up the old jaded belief systems and he occupied, or the persons who succeeded building a new foundation, one without him in that occupation, to the payment of greedy exploitation of the natural resources, debts contracted by him. For if he could, he and recognizing the true value of respecting might, during his own life, eat up the usu- the surrounding landscape. fruct of the lands for several generations to The Sustainable Real Estate Journal is come, and then the lands would belong to the full of case studies demonstrating the mone- dead and not the living.” tary value and other benefits of sustainable The Ford Motors plant in Michigan is design and construction. It takes a fresh look at real estate, building or renovating within Continued on page 7

4 The Sustainable Real Estate Journal

Bringing More Sustainability Into Business Models

by CB Bhattacharya

o you believe sus- someone else’s problem. ership has three phases: incu- tainability is im- Based on this research, I have bate, launch, and entrench. D portant for your developed a three-phase Incubation is the process company, but that it’s model that shows how of, first, defining the contours “Someone else’s problem” ? companies can move beyond of your sustainability domain You aren’t alone: While most rhetoric and take ownership by reflecting on the purpose organizations talk the talk of of sustainability. of your business and its spe- sustainability — doing Psychological ownership cific role in the world. The things such as integrating en- refers to feelings of posses- second step involves concre- vironmental and societal con- siveness and connection that tizing your goals by generat- cerns into their business we develop toward an appeal- ing a research-based list of models — very few walk the ing object such as a person, material issues across your walk. Unsurprisingly, carbon company, or even an idea. entire value chain. Such a list emissions by the world’s larg- And research has shown that identifies areas of overlap in est companies are increas- feelings of organizational companies’ and stakeholders’ ing, and only one-third of the ownership lead to greater job sustainability priorities. For 600 largest companies in the satisfaction, engagement, example, at financial services U.S. have any systematic sus- productivity, and profits. This company ING, an issue tainability oversight at the makes ownership a powerful deemed material to its view of board level. concept for those seeking to sustainability related to fi- I have interviewed over galvanize a company around nancing a variety of 100 CEOs, C-suite executives, sustainability. Confronted “sustainable transitions” in middle managers, and shop daily with evidence of climate industries such as clean tech- floor workers in more than 25 change and other issues that nology and real estate. This companies to understand harm our well-being, most of served as a basis for conceiv- why most companies fail to us yearn to do something but ing a new goal of sustainable embed sustainability in their don’t know what or how. transitions worth €35 billion; business models and what Companies can fill this need by 2016 the company had al- drives success among the and gain competitive ad- ready hit €34.3 billion, handful that do. I’ve found vantage by transforming their prompting it to revisit the that the answer is ownership: stakeholders from bystanders goal. Companies that are winning into owners and making sus- Many companies make the sustainability battle have tainability, including as it significant progress like this created the conditions for pertains to social good, part in the incubation phase, their stakeholders to own of their purpose. demonstrating their willing- sustainability. In these com- My framework for creat- ness to take ownership of sus- panies, sustainability is not ing such sustainability own- tainability and even identify-

5 White Pine ing opportunities to take ac- type of insight that allows ver’s waterless soap saves tion. However, very few have companies to begin the con- lives by preventing the trans- the ability to fully drive sus- versation around ownership mission of dangerous bacte- tainability throughout their of sustainability. ria and saves water, a vital business with this step alone. While appeals to the and limited resource in Launching your sustain- heart convince some people emerging markets. When all ability plan entails enthusias- to take ownership of sustain- employees and stakeholders tically introducing it to stake- ability, economic reasoning use the sustainability lens to holders and setting the idea may work better on board make decisions, a new busi- of ownership in motion. To members and hard-nosed ness model takes root. entice employees and rele- line managers. IBM makes Entrenching these feel- vant stakeholders to own sus- the business case for sustain- ings of ownership makes sus- tainability, sell it as an oppor- ability by walking its line tainability routine — some- tunity to contribute to the fu- managers through step-by- thing people just do. Having ture well-being of both the step calculations of return on measurements of success and company and society. Some- investment. For example, providing ongoing feedback times you have to appeal to sustainability experts at the on sustainability targets will the head (monetary incen- company convinced line demystify stakeholders’ con- tives, cost savings, career ad- managers to transition from tributions and gradually vancement), other times to older, low-utilization servers move them to own sustaina- the heart (look at the differ- to modern, intelligent servers bility as indivisible from their ence we make), and very of- by showcasing the savings in jobs. Managers can use sus- ten, both. energy costs and reduced tainability goals to evaluate For example, the sus- greenhouse gas emissions, as their direct reports and com- tainability chief at the finan- well as the ability to use freed pare employees, depart- cial services company Old -up space and cooling capaci- ments, divisions, and busi- Mutual organized a workshop ty to support new business. ness units. I have visited fac- for 40+ future leaders and Having the proper train- tories that have large score- showed them that, through ing and systems in place is cards displaying their pro- their loans and other services, also critical to enabling every- gress on greenhouse gases, they were having a real im- one to make sustainability water, and waste relative to pact on their customers. By part of their job. As Keith other factories, which leads to the end, one of the managers Weed, CMO at Unilever, told conversations and becomes told her, “We’re actually hav- me, “Don’t create a little de- the basis of motivation, pride, ing the conversation. We’re partment in the corner. and a stronger sense of sus- seeing how, through what we Mainstream into all coun- tainability ownership. do in our day jobs, we can tries, all brands, all divisions. BASF uses a homegrown change lives.” This insight led The sooner you have an ex- system called Sustainable So- that team to feel they came ception, everyone thinks lution Steering to evaluate its into work to do more than they’re the exception.” At products vis-à-vis sustaina- crunch numbers. It was an Unilever the R&D and mar- bility needs and trends and to effective way to make them keting departments work in devise action plans for mar- realize their business was tandem to create and pro- keting or product changes about something bigger than mote products that serve both through R&D. Using this sys- making money, which is the business and society. Unile- tem, BASF realized that

6 The Sustainable Real Estate Journal polyfluorinated substances industry-wide or multisector New Paradigm—continued presented a challenge to the efforts to drive systemic from page 4 environment and developed change. As one executive told recyclable and biodegradable me, “Unless you shift the one example of sustainable paper-coating substances whole industry, you’re only planning and development instead. going to solve pockets of the being put to use. In May You can also consider problem.” 1999 William Clay Ford Jr. the indirect effects of sus- Several industries have looked at the River Rouge tainability — using indicators launched partnerships be- Plant and saw a factory that like employee retention and tween fierce commercial ri- was old and antiquated. Ra- customer loyalty rates — to vals. In 2009 executives ther than tear it down and make a continued business from over 400 companies, put up another prefabricated case for sustainability. Using including Nestlé, Coca-Cola, square metal box, he opted statistical analyses such as and Pepsi, came together to for a completely redesign. regression, I’ve found that, form the Consumer Goods Storm water runoff was all else equal, company sus- Forum. Among other agree- a major expense. To partial- tainability initiatives posi- ments, these companies ly negate this cost, the park- tively influence customers’ pledged to work together to ing lot was resurfaced with buying behavior, employee achieve zero deforestation by porous material and thus retention, and even investor 2020 through the responsi- eliminated costly redirection reactions. ble sourcing of key commod- of flood waters into city sew- There are many ways to ities like soy, palm oil, beef, ers. In addition, marshes enliven a sustainability own- and paper and pulp. were made to catch and puri- ership experience. For exam- Most of us work to pre- fy whatever water runoff that ple, Marks & Spencer’s com- serve the value of things we was left. The water from the pany-wide “Make Your own. Establishing ownership marsh could then be redi- Mark” initiative pairs em- of sustainability issues pre- rected other purposes such ployees with jobless young vents the feeling that it’s as irrigation, etc. people whom they help de- “someone else’s problem” to Skylights were installed velop skills and confidence. manage. Small actions on to provide natural light for Initially a small initiative, it everybody’s part will lead to workers who, during the has grown into an integral big differences: a future- winter months, never saw part of Marks & Spencer’s proof company with en- the light of day. The benefits culture, with a long list of gaged, productive employ- of natural light are many, employees waiting to become ees, and a healthier planet. especially regarding worker “buddies” to young people. health, productivity and re- The company also empowers tention rate.. The list of sus- local stores to come up with CB Bhattacharya is the H.J. tainable improvements goes campaigns tied to their com- Zoffer Chair of Sustainabil- on and on. munities’ needs so that shop ity and Ethics at the Univer- The Ford management floor employees take owner- sity of Pittsburgh’s Katz team went about this in a ship of sustainability. Graduate School of Business. new way. They drew up the Companies are also wise end result that encompassed to expand the ownership ex- the best of all worlds and perience by participating in worked back from there.

7 White Pine Energy Systems Back to index New Tariffs on Solar Imports Generate Mixed Reactions from the Industry

he new 30% tariff business models to ultimately logic tells me to ignore the on solar imports become more profitable? cloudy, alarmist and over- was met with both There is an old adage that whelmingly negative reac- T criticism and praise says “problems are opportu- tions to the ruling of the tar- in the solar industry. Many nities.” Looking a bit deeper iff. Because no matter what say prices will go up, as some at a “problem” with a crea- solar legislation is written in- 80% of solar panels are im- tive, open mind usually re- to law, it can’t achieve its in- ported into the U.S. These veals hidden opportunities. tentions if they differ from same people also forecast Scott Cramer, CEO of Go the will of the overwhelming many end users being priced Solar Group, has done just majority, who will find a way out of the market, to the det- that. He heads a small solar to prevail despite the Interna- riment of the U.S solar indus- installation company that re- tional Trade Commission’s try. lies heavily on imported solar intervention. As with any major equipment. These are just the Written into law by change, there is a fast knee type of companies that are three entities, all of them at jerk reaction by those directly supposedly getting hit the some point having filed for involved, or not. This is usu- hardest. bankruptcy (President ally due to an oversimplifica- He wrote his response to Trump, Suniva, and Solar- tion of a more complex mat- the new tariffs where he dis- World), the 1974 Trade Act ter, with many variables that sects their present and future cannot harm the long-term need to be taken into account. ramifications, counters the future of 275,000 people em- The initial outcry is under- negative feedback from many ployed in the thriving Ameri- standable, especially by those in the industry, sheds some can solar industry because U.S. solar companies who re- light on opportunities afford- the overwhelming majority ly heavily on imported solar ed, and why he is “unfazed.” will find creative worka- panels, but have all the angles To follow is an excerpt from rounds that spawn the inno- been analyzed before coming Mr. Cramer’s piece: vation and resourcefulness to these conclusions? our industry needs to secure “Why Solar CEO Relying on its foothold in the future of The Big Picture Imports is Unfazed by the renewable energy. How will this affect the New Tariff” In hopes of helping oth- industry over the next several I’m unfazed by the new er solar executives under- years? Will it jump start a tariff, and I feel many Ameri- stand the opportunity to grow lagging U.S. solar manufac- can solar companies relying and prosper in spite of the turing sector? Will it force on foreign imports have rea- tariff, I’ve outlined the below companies to revamp old son to feel the same. It’s why principles we must follow and

8 The Sustainable Real Estate Journal remember if we are to move Rather, the majority of made available to them and forward in the way I know we costs go toward customer ac- should have an easier time can. quisition. After assessment picking from a smaller bucket Unpacking the 201 software, staffing, lead gener- of players, all of whom being Trade Case ation, sales processes, and companies capable of doing The first 2.5 gigawatts of operational costs are factored right by the customer. foreign-imported solar cells into the average solar compa- This positive impact will will be excluded from the tar- ny’s expenditures, the cost of only be magnified by reduc- iff, giving unprepared compa- American solar business will ing the amount of negative nies relying on foreign im- only go up by 10% in result of lead generation practices ported solar cells more the tariffs, and only for the many solar companies engage breathing room than ex- first year the tariff is im- in, from harassing homeown- pected. To give you an idea of posed. ers who never expressed in- how much 2.5 gigawatts actu- The tariff will be re- terest in solar to selling solar ally is, that’s roughly 5 per- duced each year over the span leads they know have no val- cent of all solar modules in- of four years, and in five per- ue. stalled in America in the third cent increments. This means quarter of 2017; a significant that by 2022, the tariff will The Logistics of the Tariff Are figure to say the least. only be 15 percent, bringing Mathematically Manageable Although America im- the actual cost of operating Given the 2.5-gigawatt ports roughly 80 percent of an American solar business to installation threshold before its solar cells, making the 201 a net price increase of rough- the tariff took effect, finan- Trade Case Tariff decision ly 4% in the fourth and final cially stable solar companies loom large, there are upsides year of the tariff, making the had plenty of time to import a to the decision when we un- hit entirely surmountable. large number of panels to off- pack the legislation piece by Then the tariff goes set the effect of the impend- piece. away completely. ing tariff, and this was the The 30% tariff issued is The tariff will reveal case prior to Trump’s Janu- far less than the 50% tariff which solar companies can be ary announcement of the ac- advocated by Suniva and So- trusted to invest in the cus- tual tariff logistics. larWorld, the two companies tomer experience. The payoff It becomes easy to point who petitioned the Interna- on rooftop solar takes years a finger at the government tional Trade Commission to to receive and sometimes when a trade case doesn’t create tariffs. Although 30% decades to magnify, so it’s ‘weigh in our favor,’ but we seems like a lot, the bulk of imperative consumers invest must remember that the gov- American solar companies’ their hard-earned money in ernment has also done a lot costs aren’t in panel im- solar companies that are to help residential solar, from ports. The bulk of most solar profitable enough to maintain federal and state tax incen- companies’ costs don’t stem a positive experience. tives. from the cost of the solar Given that the tariff may I believe in a free mar- panels themselves, which is negatively impact solar com- ketplace. However, America what the tariff will impact, panies that have over- isn’t and never has been the and only for several years at leveraged themselves with purely capitalistic economy declining intervals of tariff debt, consumers will be less most citizens perceive it to percentages. overwhelmed by the options be. Even Adam Smith’s

9 White Pine ‘Invisible Hand’ is a byprod- won’t hurt our industry to as the most prolific solar pan- uct of State Capitalism (our learn how we can function el manufacturer in the world, current economic model), without them, and subjecting is less than thrilled with the which has given us a Central our rooftop solar industry to tariff. Despite China taking a Bank to control interest rates, a natural and domestic pric- harder hit than any other a White House for passing ing environment will make country because of the tariff, legislation, and tax codes for this possible. JinkoSolar, a Chinese solar Federal resource allocation. This becomes increas- panel manufacturing compa- Although tariffs tend to ingly true if the future bodes ny, has announced plans to have unintended consequenc- toward fewer solar tax credits build a solar factory in Flori- es, if the 201 Trade Case tar- and rebates. However, even if da. iffs achieve their intended fewer tax credits and rebates An overwhelming major- results, Suniva, SolarWorld for residential solar become a ity (three-fifths) of America’s and other companies who felt reality, solar company tech- foreign-imported solar cells hamstrung by the low cost of nology and innovation may used to come from China, foreign-imported residential be able to outpace the result- namely because of the coun- solar cells over the past dec- ing hike in solar cell prices. try’s subsidization of the ade will be back in the ring as product and consumers’ lack competitors, creating more A Proportional Scale Back on of education on differing lev- competition and, therefore, Chinese Imported Solar Cells els of solar panel quality, innovation. While that may Means Greater Quality for which skewed demand for not mean immediate return Solar Prospects Chinese imported solar pan- for American solar companies Over the past decade, els in China’s favor. who’ve relied on foreign im- many American solar compa- Although roughly 10% of ports, it means a better out- nies, at the expense of their all American-imported solar come for solar prospects, customers, have relied heavi- cells came from China prior which should be the objective ly on the cheapest solar panel to the tariff, that’s still a hefty of every American solar busi- prices from China to sustain percentage of American solar ness. their deeply-leveraged, debt- relying on a Chinese product Additionally, the 201 laden business models. that, although low-priced and Trade Case tariff will bring Trump’s blue-collar offering its own unique bene- solar companies closer to presidential campaign heavily fits, does not expose consum- forecasting how price chang- targeted fair trade deals and ers to the full spread of solar es affect the real consumer bringing the American manu- panel features the American demand for solar panels, a facturing business back to life market has missed out on step the American solar in- through economically protec- over the past decade. dustry must be able to make tionist measures, and the re- Yes, a tariff on solar within the next 5 years if it’s cent trade case decision is panels from China will in- to bring solutions to consum- consistent with those cam- crease prices, but it will also ers at the appropriate price paign tactics. direct American solar compa- without federal and statewide Some would even go so nies and their prospects to- incentives. far as saying the 201 Trade ward higher quality solar Although these incen- Case decision is the result of panels and, therefore, a bet- tives aren’t in immediate Trump’s tenuous personal ter customer experience cou- threat of disappearing, it relationship with China, who, pled with larger investments

10 The Sustainable Real Estate Journal in driving down costs for high increase the price of going production warranties Utah quality solar panels. Home- solar, but it will reduce the solar companies provide for owners will still be Able to Go intensity of the cost increases. their customers. Solar for Zero Down Essentially, the tariff Simply put, when major No cost solar in America won’t get in the way of crea- trade decisions that impact is a major misconception, be- tive financing options for so- an entire industry are set cause the phrase is really lar prospects and solar com- forth by a select few and in- meant to express that pro- panies alike. However, don’t tended to benefit only a select spects can go solar for zero let the cost of residential so- few, the market will correct down, which, although con- lar compel you to 1) embark these small players’ mistakes, venient, isn’t going solar for on a DIY solar project (which even if many fear the mis- free. There may be a day is a big no-no for every takes to be incorrigible. when that happens, but it is one). or 2) keep you from Once the tariff has end- far off in the future – tariffs benefiting from the ROI of ed, we will be able to laugh at or not. And, although solar residential solar. Solar should the fear it once caused our isn’t free, neither is any good never be viewed as an up- industry in our turn. investment. Dispersing the front expense, but rather as cost of a solar panel system an investment, which is se- Scott Cramer is the CEO of Go over a longer loan length may cured by the installation and Solar Group, a solar installa- tion company

More Localized Solar Energy Storage and Distribution

HERZELYA PITUACH, ISRA- able and abundant. We are less user experience with our EL — May 3, 2018 —The ener- moving closer to the day when monitoring platform,” stated gy production industry is tran- everyone will produce, store, Lior Handelsman, who han- sitioning from a centralized and sell their own energy,” dles marketing and product system to a distributed net- stated Guy Sella, CEO and strategy at Solar Edge. “Now work in which energy is pro- Founder of SolarEdge. “Our at the network level, our grid duced closer to the location it grid services aim to accelerate services enable the aggrega- is stored and consumed. This the transition to a more stable tion and synchronization of provides PV and storage sys- and cost-effective grid in multiple PV systems to create tem owners with a new reve- which people have more con- a distributed network. This is nue stream opportunity by trol over their energy." an important milestone in selling their self-produced and “Implementing a new making solar energy ubiqui- stored energy. However, the model of energy generation tous." new complex network of dis- requires simultaneous ad- As PV markets evolve tributed generation requires vancements at the hardware, from feed-in tariffs to net- sophisticated management system, and network levels. metering and finally to self- platforms to provide real-time, Our HD-Wave inverter made consumption, the grid services aggregated control of the de- PV more energy-efficient and will provide homeowners with mand and supply of energy. cost effective. At the system the opportunity to maximize “With the continued evo- level, our inverters synchro- self-consumption and take ad- lution in PV and storage, re- nize energy production, usage, vantage of time-of-use tariffs newable energy can be afford- and storage to create a seam- as a revenue stream.

11 White Pine

Environmental law Back to index Record Environmental Judgement Moves to Ontario Superior Court in Toronto Long running dispute between petro-giant Chevron and Ecuadorian citizens has Canadian component

Toronto, Canada – Friends of the affected Ecuadorian indigenous hidden from Chevron sharehold- Earth Canada, the Steelworkers and farmer communities who are ers, may show that the Canadian Humanity Fund of the United in dire need of a clean-up, clean company takes direction from Steelworkers of Canada, and water, and health care. This is a Chevron management in the U.S. Amazon Watch filed an applica- legal delay strategy the likes of and operates as little more than tion to the Ontario Superior which has never before been a holding company. Court of Justice calling on the seen. The Ecuadorian affected The motion filed today as- court to unseal documents in the communities are attempting to serts that preventing the public historic legal effort to enforce seize Chevron's Canadian assets from accessing Chevron's filings one of the largest environmental to cover its now US$12 billion violates the principle of open jus- judgments in history. debt to fund clean-up and health tice and is similar to one submit- The Ecuadorian judgment -care costs for affected peoples. ted to the court this same week was rendered in 2011 against Chevron operates 1,500 subsidi- by the CBC (Canadian Broad- Chevron Corporation, the U.S. aries with $225-billion annual casting Company). The Ontario oil giant, for deliberately pollut- revenues, while Ecuadorian vil- Court of Appeal has also stated ing the Ecuadorian Amazon by lagers have an average income of in a recent ruling that the case dumping over 16 billion gallons about $20 a day. against Chevron is "public inter- of toxic oil waste waters and cre- Later this month, a hearing est litigation" and that "there can ating massive environmental de- will be held in Toronto before be no doubt that the environ- struction and a health crisis for the Superior Court of Ontario mental devastation to the appel- tens of thousands of Amazonian where the Ecuadorians will ap- lants' lands has severely ham inhabitants. In anticipation of a peal a lower court decision, es- pered their ability to earn a live- negative verdict, Chevron fled sentially protecting Chevron lihood." To date, Chevron has Ecuador, and shed its assets. Canada's assets from being benefited from the fact that Since the initial verdict and its seized to cover the debts of its much of the proceedings are be- affirmation by the Ecuadorian parent company. Chevron has ing conducted to a great degree Supreme Court, the oil company thus far been able to hide the behind a "shroud of secrecy." is forcing the Ecuadorian com- documents in this case from Chevron's actions in this munities to seek justice in Cana- public scrutiny and has argued case, one which it famously da where the company holds that the assets of its subsidiary promised to "fight until hell more than enough assets to sat- Chevron-Canada cannot be freezes over and then fight it out isfy the now $12 billion debt to seized. These documents, also on the ice," have been repeatedly

12 The Sustainable Real Estate Journal condemned by prominent inter- open justice, the Canadian public workers Humanity Fund. national human rights and envi- at large needs to have access to "Chevron continues to try to ronmental organizations. Chev- the full, unredacted court record hide everything it can from pub- ron legal intimidation tactics as the Canadian court deliber- lic scrutiny, but the truth is it against its critics in the U.S. and ates on the enforcement of the can't hide the evidence of what it abroad have helped to usher in a Ecuadorian judgement. Allowing did in Ecuador. The oil company new era of corporate retaliation Chevron Corporation to continue has lost every appeal in Canada against the efforts of civil socie- to hide their activities from the and continues to try to delay ties to hold them to account. In Canadian public sets a danger- while the affected communities fact, many Canadian organiza- ous precedent for future cases." in Ecuador continue to sicken tions have already publicly de- "The Canadian public has a and die from contamination. The clared their support for the Ec- right to know what Chevron has oil company continues to waste uadorian communities seeking done in Ecuador, and what the shareholder funds on legal bat- justice in this case and an end to relationship is between Chevron tles it ultimately can never win. Chevron intimidation tactics Corporation and Chevron Cana- The public needs to see the truth which have not only targeted en- da. In Canada we have a commit- behind Chevron's justice aver- vironmental NGOs, but share- ment to transparency and aver- sion and efforts of impunity in holders and journalists as well. sion to impunity, and Chevron is what is the most important cor- "Canada has a long standing abusing both in this case. We porate accountability case in his- record of applying the polluter have an interest in justice being tory. We hope the Canadian pays principle," says Beatrice served and can't accept legal de- courts recognize this and ap- Olivastri, CEO, Friends of the lay and avoidance tactics. Cana- prove our request to open these Earth Canada. "The Ecuadorian dian courts have an important files up to the public," said Paul court rendered its judgment role to play to ensure Ecuadorian Paz y Miño, Associate Director of against Chevron Corporation as communities have access to jus- Amazon Watch. a polluter in 2011. Now, in the tice and remedy," said Doug Ol- interests of transparency and thuis, Executive Director, Steel-

New Hampshire Community Rights Amendment Backed by Legislative Subcommittee

The New Hampshire Com- tee the people of New Hampshire tections under state and federal munity Rights Amendment, their individual and collective law. CACR19, left House Municipal & right to protect human and natu- New Hampshire communi- County Government (M&CG) ral communities through local law ties are increasingly facing de- subcommittee with a 3-2 bi- -making. The amendment would structive corporate development, partisan “ought-to-pass” recom- secure the right of a democratic such as Northern Pass, oil and gas mendation. Community members majority of townspeople to stop infrastructure, water withdrawals from across the state attended the harmful corporate projects for resale, and other harms. Since full committee hearing earlier this against corporate claimed “rights” 2006, they have partnered with month, providing more than two to force those projects into com- CELDF to protect themselves by hours of testimony in support of munities – provided that the advancing Community Bill of the amendment. adopted local laws do not infringe If adopted, it would guaran- on natural persons’ existing pro- Continued on page 15

13 White Pine

Back to index Sanctions Filed Against Grant Township, PA Lawyers - For Trying to Prevent PGE’s Fracking Wastewater From Poisoning Water Supply

The elected supervisors of 100 East Run Road Marion even our own PA Department of Grant Township, PA, responded Center, PA 15759 724-254-1530 Environmental Protection has to the sanctions against Commu- sued us as we’ve tried to protect nity Environmental Legal De- Letter from Grant Township to: our environment. fense Fund (CELDF) attorneys Federal Court, Pennsylvania Although Pennsylvania who have “defended our commu- General Energy, and Those Who General Energy (PGE) – the nity’s right to stop a toxic frack Will Stand for What’s Right company that wants to dump the wastewater injection well for waste – and its attorneys may over three years.” Last week, federal Magis- wish that Grant Township is be- On January 5, the U.S. Dis- trate Judge Susan Baxter sanc- ing led by its nose by CELDF, the trict Court for the Western Dis- tioned two attorneys represent- truth is, Grant Township trict of Pennsylvania issued an ing Grant Township for $52,000. evolved, and evolved quickly. order imposing sanctions on two Those attorneys – Thomas The Township is literally fighting CELDF attorneys defending the Linzey and Elizabeth Dunne – for the life of its citizens in this community’s decision to stop with the Community Environ- case. PGE’s proposed injection frack wastewater injection mental Legal Defense Fund well threatens to subject every wells. The sanctions were or- (CELDF), have defended our resident of Grant Township to a dered as part of a lawsuit in community’s right to stop a toxic slow poisoning, and threatens which Pennsylvania General En- frack wastewater injection well thousands more who depend on ergy, LLC (PGE) is suing Grant for over three years. That well Grant Township’s watershed for Township to overturn the Town- would receive 30,000 barrels of clean water. ship’s ban on injection frack wastewater per month for During this fight, not one wells. CELDF Press Release 10 years – a toxic brew contain- judge hearing the arguments in Today, the Grant Township ing radioactive materials and this case has ever asked any one Supervisors issued a public state- other contaminants such as tolu- of us, “why is your township sub- ment, firing back at the federal ene and benzene, to be dumped jecting itself to all this?” It’s as- court and PGE, writing, “We into our Township. sumed that we aren’t bright changed our system of govern- Judge Baxter’s ruling is enough to possibly understand ment to save ourselves because astonishing, but not surprising. what we’re in this for, and why no one else would or Our Township has been sold out we have risked everything to pro- could.” Read their full statement and ignored by every level of tect our community. below. government to date. We’ve re- We understand that more GRANT TOWNSHIP MU- ceived no relief from state or fed- regulations won’t help us. We NICIPAL BUILDING eral legislators, the courts, and understand that our legislators

14 The Sustainable Real Estate Journal will continue to blame our prob- with CELDF to advance argu- yone working for Grant Town- lems on inadequate, underfund- ments that we have a constitu- ship. We are elected public serv- ed, understaffed state agencies. tional right to govern our own ants who work with CELDF to We understand that an injection community, and that companies make sure that we – those of us well for frack waste is a very bad like PGE shouldn’t have more who live here – do what’s right idea, not only for the people who rights to decide what happens for the people of Grant Town- live here, but for the natural en- here than we do. ship. vironment. We changed our system of We continue to work with We understand that the real government to save ourselves CELDF, and very proudly so. problem isn’t the injection well, because no one else would or CELDF has been on the front but the system of law that keeps could. The people of the Town- lines fighting the oil and gas in- trying to shut us down, and ship voted to adopt a new munic- dustry for many years, and con- keeps telling us that we don’t ipal charter which, again, bans tinues to stand with us during have the right to protect our the injection well as a violation our fight. It’s Grant Township’s community from a company with of our basic civil rights. hope that our attorneys will wear a history of permit violations What else do we have to do this slap as a badge of courage, from dumping toxic frack waste – light ourselves on fire? just as any front line veteran where we live. While Judge Baxter and would wear a scar. We understand that the sys- PGE’s lawyers, may wish that This is bigger than just tem of law that we live under Grant Township’s government is Grant Township, and we want doesn’t recognize the right of the a pawn, they are wrong. Our lo- others to join this fight by stand- people who live here to stop cal government exists to keep the ing up to protect their communi- those projects which will harm health, safety, and welfare of our ties. We’re not going anywhere. us. It doesn’t recognize that we citizens the priority. There’s no ~ Grant Township Board of have a democratic right to say ladder-climbing, no plush bene- Supervisors “no”, which is why we’ve worked fits or pensions to offer up to an-

New Hampshire Community Rights This amendment changes our tered that corporations routinely continued from page 13 form of government to a democ- use court system privileges to ap- racy and we are not a democracy!” peal to state preemption and Dil- Rights ordinances. These ordi- Representative Bruce Tatro lon’s Rule in order to nullify local nances secure rights, including (D) disagreed, asserting that the ordinances and people’s self- rights to clean air and water, and state indeed is a democracy: governing authority: “We repre- the right to local community self- “CACR19 is an amendment to a sent constituents to create stat- government. Nearly a dozen constitution that was formed by utes, but the [New Hampshire towns across the state have the people of the state. The people state] constitution is higher than adopted rights-based ordinances. should have the opportunity to statutes. The people represent Today, growing numbers of com- vote this amendment up or down. themselves constitutionally. Giv- munities, working with the I’m not in favor of short-circuiting ing them the chance to vote on NHCRN, are driving these rights that.” CACR19 is the one thing we can upward to the state level. Opposed legislators suggest- do to support their ability to pro- Representative Frank Ster- ed community members need on- tect their health, safety, and wel- ling (R) made clear his opposi- ly ask Representatives to pass fare. It will help them expand, not tion, stating, “New Hampshire is town-protecting laws. Repre- decrease their rights.” not a democracy, it is a republic. sentative Steve Rand (D) coun-

15 White Pine Back to index The Politics Behind Oil Extraction in Ecuador and the Fight to Preserve the Rainforest

By Don Kulak

he battle over the environ- conduct business, and ultimately example for the world.” Sarayaku ment continues as local survive. won a landmark ruling in 2012 T communities and resi- Although the Ecuadorian when the Inter-American Court dents stand up to corporate pol- Constitution contains language to on Human Rights ruled that Ec- luters, most notably those in- protect communities and ecosys- uador had violated the communi- volved in oil drilling and fracking. tems, they are rarely enforced. No ty's rights by permitting oil activi- Communities and countries big surprise there. Amazonian ties on their territory without around the globe have organized women in Quito demanded more free, prior, and informed consul- to pass “Rights of Nature” legisla- action from President Moreno to tation. tion, essentially providing legal curtail or stop altogether the dev- President Moreno agreed to representation to ecosystems, astation of the rainforest by oil halt new auctions of oil and min- which gives them them a right to and coal extraction companies. ing concessions without proper exist and flourish. Much progress Women from the Sapara, Kichwa consultation with local communi has been made in this area as of Sarayaku, Shuar, Shiwiar, ties after a two-week march by townships across the United Waorani, Achuar, and other Ama- hundreds of indigenous people States adopted Rights of Nature zonian indigenous nations pro- from the Amazon to Quito. How- ordinances, and countries like Ec- tested. ever, two months later his govern- uador even put this language into “We don’t want more oil and ment announced a new oil auc- their Constitution: “Communities mining companies,” said Alicia tion, the Ronda Suroriente and Ecosystems possess the inal- Cahuiya of the Waorani nation, (Southwest Round) and handed ienable right to exist, flourish, whose ancestral territory overlaps out several new mining conces- and evolve.” with Yasuní National Park, one of sions. That said, these new laws the most biodiverse places in the We conducted an interview face major hurdles in becoming world and where Ecuador’s state with Carlos Mazabanda of Ama- fully recognized by the higher oil company began drilling the zon Watch to better understand courts presiding over a legal sys- first of 97 planned wells in Janu- the politics behind President tem that has been entrenched for ary. "Oil has not brought develop- Moreno’s decision to open up decades. The pushback is fierce, ment for the Waorani; it has only more land to energy companies especially by those corporations left us with oil spills and sick- required by the new laws to cur- ness." White Pine Journal (WPJ) tail their most polluting opera- “Your government cannot What are the channels an oil com- tions. They see it as a threat to permit that our rights continue to pany must go through to get a li- their existence, and since corpo- be violated,” Patricia Gualinga, cense for oil extraction, and who rations have been granted Kichwa of Sarayaku, told the ultimately makes the decision to “personhood,” with rights similar President. “The forest has to re- allow oil drilling? to human beings, they are arguing main intact. Ecuador must change this as a threat to their right to its energy policy. It could be an Carlos Mazabanda (CM) ─ In

16 The Sustainable Real Estate Journal the first place, the government general, the governments of the literal translation is "mother calls for an "Oil Round" in which region do not comply with, they Earth." The nature has the right: a call is made to oil companies to only see it as another administra- ─ to fully respect its existence participate in a bid contest on the tive procedure, and do not give it and the maintenance and regen- blocks that they want to tender. the importance of the case. The eration of its life cycles, structure, After this, the company that has right to free, prior and informed functions and evolutionary pro- made the best offer is chosen and consultation is of vital importance cesses a contract called "service provi- for indigenous peoples if we take ─ to the restoration sion" is signed, first for explora- into account that extractive pro- ─ that precautionary and re- tion, which can last between 5 jects such as oil and mining can striction measures be applied for and 8 years and then for exploita- have strong social and cultural activities that may lead to the ex- tion. environmental impacts. The pur- tinction of species, the destruc- This is the way things have pose of the consultation processes tion of ecosystems or the perma- come, but there are some other is the consent of the indigenous nent alteration of natural cycles. important steps in terms of com- peoples, that is, that their deci- However, 10 years have pliance with the rights established sion about do or don’t do a pro- passed since the Constitution and in the Constitution that should be ject. unfortunately these rights have complied with so that the process The final decision about not been met, they have been rel- of signing a contract is legal. The signed a contract is taken by the egated below the oil and mining first step, before offering the oil government authorities in this interests. Despite these guaran- blocks, must be the fulfillment of case the Minister of Hydrocar- tees for nature, the previous gov- the Free Prior Informed consulta- bons, the Secretary of Hydrocar- ernment outlined projects that tion. Doing it at this moment bons and the President of the Re- clearly violated these rights, and guarantees that it is "prior." In public. that are particularly intended to Ecuador, the "prior consultation" develop in areas of ecosystem im- has been done after an oil project WPJ ─ Isn’t the following phrase portance such as the best pre- has been defined or even when a found in the Ecuadorian Constitu- served tropical forests in the contract has already been signed. tion: “Communities and Ecosys- country, for example with the The second step, prior to signing tems possess the inalienable right Ronda Suroriente oil project or the exploration contract, would to exist, flourish, and evolve.” large-scale mining projects in the be to obtain the environmental Does this have any legal standing area of the Cordillera del Cóndor. license granted by the Ministry of in the country, especially with re- It is not necessary that there the Environment and here again gard to the current oil drilling? Is is a legal basis or a law that devel- the consultation process should this subject to interpretation? Are ops the content of the "rights of be guaranteed because interna- there any precedents that would nature," the Constitution itself tional standards such as the Unit- clarify those terms? recognizes that all rights con- ed Nations Declaration on Indige- tained therein are of immediate nous Peoples, ILO Convention CM ─ Our Constitution was the applicability. That is, the various 169 and the judgments of the In- first in the world to recognize elements that are given through- ter-American Court of Human rights to nature, a concept that out the Constitution on the pro- Rights require Free Prior In- comes from the indigenous tection of nature should be suffi- formed consultation for each worldview, moreover the Consti- cient to determine that certain phase of the project. tution speaks of "nature" or projects are unfeasible or uncon- This is precisely what the "Pachamama," a word of the stitutional for not respecting the government of Ecuador and, in Kichwa indigenous people whose rights of nature.

17 White Pine Several legal actions have being viewed as a "violator of hu- country. Although the previous been filed calling for the unconsti- man rights," diplomatic relations government had the highest eco- tutionality of projects, especially with other countries in the region nomic income in the history of mining projects, because they vio- and the world may be affected It the country from the sale of oil, it late the rights of nature. None of could also affect the economic was not enough to cover the level these have prospered, even sphere. A drastic example of this of expenditure, and regardless of though technical and scientific is what happens with Venezuela this income, opted for non- arguments were strong. These de- and its international relations. conventional indebtedness, cisions are taken not with a view For this reason, there is no case meaning not with multilateral of protection of rights, but rather where a government does not agencies (World Bank, Interna- political decisions, and unfortu- comply with a ruling of the Inter- tional Monetary Fund, others) nately the judicial system does American Court. and opted for the "advance sale of not act independently but con- But the situation is complex oil," which basically are loans at cerns the interests of the govern- for Ecuador, since as litigations 7% interest that must be paid with ment. are resolved, jurisprudence in the oil barrels. We must sell to Chi- Another important right re- judgments is evolving and their nese companies, principally, bar- lated to the rights of nature is that requirements are increasingly de- rels of oil that cover these loans "every person, community, town manding in order to guarantee an until the year 2024. With the fall or nationality may demand from adequate protection of rights. in oil prices, these loans were very the public authority the fulfill- This is how rights evolve. Howev- unfavorable for the country since ment of the rights of nature." This er, this puts the States or govern- we now need more oil barrels to has been far from happening. The ments in difficulty because if they cover the same amount. previous government disqualified, comply with these judgments, persecuted with the national in- their extractive projects would WPJ ─ In the US, the telligence agency, threatened and not advance, since the Inter- “Commerce Clause” gives corpo- criminalized the people / groups / American Court's requirement is rations the right to do drill and organizations that work in favor that the consultation be carried frack against the local people’s of compliance with the rights es- out to obtain consent. wishes. Does Ecuador have such tablished in the Constitution, Again, it is a political deci- language in the Constitution that such as the Pachamama Founda- sion that is put over the protec- overrides the will of the local peo- tion and the failed attempt to tion of rights. Economic interests ple in favor of corporate close Acción Ecologica in 2016. prevail, but paradoxically this “commerce?” may create negative consequences CM ─ In Ecuador, the Con- WPJ ─ The Inter-American for extraction. This is the reason stitution establishes that non- Court ruled in favor of Indigenous that the oil projects haven’t sub- renewable resources (oil, mining) people in the area in 2012. Yet the stantially advanced, even though are controlled by the State, but government still leased land for there are some contracts already concessions are granted to com- drilling this year. Does this court signed ─ five involving the panies to carry out the exploita- have any authority or power? "Ronda Suroriente." tion, and they are paid for that WPJ ─ How and by whom "service." The State is the one CM ─ The judgments of the Inter was your President being pres- who must guarantee this exploita- -American Court of Human sured to allow drilling? tion is carried out without incon- Rights are binding. Non- CM ─ The main pressure on veniences for the company, for compliance has consequences, the President and the government which even force can be used, as since in addition to the country is the economic situation of the happened in the territory of

18 The Sustainable Real Estate Journal Sarayaku more than 10 years ago The Ministry of the Environ- lation. This has been the case or more recently in the communi- ment has ceased to be an autono- since the oil boom began in the ty of Shuar of Nankints, where mous institution, and rather its 70`s and the tonic is repeated evictions were carry out by police role has been transformed into now that we want to transfer the for the installation of a mining facilitating oil and mining pro- country into mining with large- camp. jects, giving environmental licens- scale projects. It is about showing To prevent these situations, es and other requirements to that the country is safe for oil and the right to consultation and prior companies without being truly an mining investments. In fact, in consent must be fully granted by entity of control that enforces the the previous government, the the State. It is the way in which law and the constitution. It is not same organizations or some lead- communities can participate and a secret in Ecuador, that the Min- ers were spokespersons in sup- make their voices heard, that is istry of Environment does not port an energy project. Of course, why the government of Ecuador have the political force and is sub- this created divisions within the has systematically failed to com- ordinated to other ministries such indigenous movement, but it be- ply. The demand for rights is a as oil and mining. Likewise, presi- came a government policy that long and difficult road, but it has dents prioritize extractive policies was recognized only to indigenous given real results over time and over environmental policies. leaders or organizations that sup- has made these projects not pro- The matter is purely eco- ported the government and its oil gress dramatically. nomic and this is above any regu- and mining policy.

29.2 MW Solar Power Plant Completed on Abandoned Golf Course in Japan

Kyocera Corporation (herein power approximately 12,000 typi- MW*2 of total output since the “Kyocera”) and Tokyo Century cal households*1. All electricity company was established in Au- Corporation (herein “Tokyo Cen- generated at the plant will be sold gust 2012. tury”) announced that Kyocera to the local utility (The Chugoku Project Overview TCL Solar LLC (herein “Kyocera Electric Power Co., Inc.). Output: Approx. 29.2 MW ) TCL Solar”) has completed con- Since Tottori Prefecture has struction of a 29.2 megawatt a Japan Sea coastal climate with Solar modules: 270-watt Kyoc- (MW) utility-scale solar power heavy snow and short hours of era modules (108,504 modules) plant in Yonago City, Tottori Pre- sunlight during the winter fecture, Japan. months, it is not always consid- Electric power sales destina- The solar modules were in- ered to be a suitable area for con- tion: The Chugoku Electric Pow- stalled on 1.2km2 of land origi- structing a solar power plant. er Co., Inc. nally designated for a golf course However, the company over- and other purposes but subse- came such difficulties by optimiz- Start of operation: April 2, quently abandoned. A ceremony ing installation methods to allow 2018 (Start of construction: Sep- was held on April 27 to commem- for weather conditions of the area tember 2015) orate completion of Kyocera TCL and ensure sufficient power gen- Solar’s largest solar power plant. eration capacity. Design & construction: TESS 108,504 Kyocera solar mod- Kyocera TCL Solar has con- Engineering Co., Ltd. ules will generate an estimated structed 63 solar power plants 36,080 megawatt hours (MWh) across Japan including this 29.2 Maintenance: Kyocera Solar per year — enough electricity to MW plant with approximately 215 Corporation 19 White Pine

Back to index Building and Architecture The Future of Building: Georgia Tech’s Kendeda Building for Innovative Sustainable Design

kanska USA, the Georgia ship and Lord Aeck Sargentare creased consciousness of the Institute of Technology leading the design. fragility of those sources have S (Georgia Tech) and The “Georgia Tech is excited spurred interest in strategies to Kendeda Fund recently cele- to work with Skanska on this conserve water, reduce runoff brated the launch of The transformative endeavor. With and recycle as much water as Kendeda Building for Innova- a wealth of experience in con- possible. tive Sustainable Design. In- structing sustainable buildings, A Living Building actively stead of breaking ground on Skanska has an abundance of combats those effects. Lighter the building with a ceremonial knowledge about what works building surfaces reflect more shovel, representatives from and how challenges can be sunlight and absorb less heat. Georgia Tech joined the design transformed into opportuni- Green roofs and urban forests and construction teams to sig- ties,” said John DuConge, sen- serve as insulators during nal the launch of construction ior project manager for Design warm weather months and the by planting seeds. When com- & Construction in Facilities plants that comprise them ab- pleted, the building is expected Management at Georgia Tech. sorb carbon dioxide and cool to be the most environmentally Georgia’s heat and hu- their surrounding environ- advanced education and re- midity provide unique environ- ment. Recycling rainwater for search building in the South- mental challenges. Atlanta and flushing toilets, planting gar- east. its environs have been classi- dens and trees on rooftops, us- The Kendeda Building is fied as an urban heat island – a ing natural light to illuminate being built to meet the strict metropolitan area that is sig- workspaces, augmenting insu- criteria of and receive a certifi- nificantly warmer than sur- lation to decrease energy spent cation from the International rounding rural areas. Dense on heating and cooling – these Living Future Institute’s Living building and all contribute to a more effi- Building Challenge 3.1 Stand- ubiquitous concrete generate cient building that can simulta- ard. Instead of simply mini- and retain heat, making city neously be beautiful and invit- mizing energy and water use, a temperatures noticeably higher ing. Living Building is designed to and even impacting regional “Innovations we use in implement solutions for a net- rainfall and the length of local The Kendeda Building for In- positive impact on the environ- growing seasons. This is also novative Sustainable Design ment – producing more energy contributing to decreased air have the potential to change and water than it consumes. In quality and distressed ecosys- construction standards in this a climate as challenging as At- tems as warmer water flows whole region. With recent lanta’s, that is no small into area watersheds. Variable weather events, people have task. The Miller Hull Partner- fresh water supplies and in- never been more interested in

20 The Sustainable Real Estate Journal the resiliency and sustainabil- a building; it represents a com- logical and social causes. This ity of construction projects,” mitment to using this campus investment represents the said Scott Cannon, executive as a living, learning laboratory foundation’s largest single vice president and general for hands-on educational and grant to date and ranks among manager of Skanska’s building research opportunities that will the largest capital gifts ever operations in Georgia. “We’re be a model for the region and received by Georgia Tech. With trying to make things afforda- similar environments around the start of construction on ble, adaptable and replicable. the world,” said Dennis The Kendeda Building later When people see how seam- Creech, fund advisor for The this winter, the building is on lessly these solutions can be Kendeda Fund. “Constructing pace for occupancy in 2019, used, it opens the with building certification door for incorpo- Constructing this Living Building is a working en- anticipated in 2020. rating new ideas deavor to educate and transform the thinking of There are currently only and engaging the future engineers, planners, architects, and con- 11 fully certified Living natural world struction professionals. Buildings in the United with the built en- States. The Living Build- vironment.” this Living Building is a work- ing project at Georgia Tech The Kendeda Fund and ing endeavor to educate and brings Skanska’s current expe- Georgia Tech are invested in transform the thinking of fu- rience on LBC projects to sev- developing and demonstrating ture engineers, planners, archi- en, including two projects con- a viable “urban” sustainable tects, and construction profes- structed and fully certified, and building and ecosystem model. sionals. Its ripple effects will five others in various design The Living Building Challenge reach far beyond the campus phases. Fully certified and promotes regenerative plan- alone.” completed LBC projects are the ning and building techniques The Kendeda Building is Bertschi School Living Science that align with Georgia Tech’s designed to give back. Funded Building in Seattle, Washing- evolving landscape and its pro- by a $30 million grant from ton and the Brock Environ- posed master plans for Eco- the Kendeda Fund, an Atlanta- mental Center in Virginia Commons transformation, based foundation that invests Beach, Virginia where Skanska storm water managem in transformative leaders and was the program manager. ent projects and campus ideas, the building’s construc- Other current LBC projects in- arboretum. The campus itself tion and ongoing programming clude a home demonstration is primed for collaboration. It activities are intended to draw project at a college campus in hosts a variety of sophisticated people together. It will house Florida; an environmental research facilities dedicated to co-located academic and re- learning center at a park in Al- the discovery of net-zero ener- search departments as well as abama; a testing and teaching gy solutions, like its Carbon student-centric activities. lab at a college campus in Neutral Energy Solutions La- Events and tours to showcase Washington State; and an of- boratory. And it has launched a its unique features are envi- fice building in Seattle. number of sustainability- sioned to make the building Skanska is performing various related initiatives to generate widely accessible and increase roles on these projects, includ- community involvement and its benefits to the surrounding ing general contractor, precon- harness the strengths of local community. struction manager, construc- talent and interest. The Kendeda Fund is a tion manager, design-build “This project is more than committed supporter of eco- contractor, and consultant.

21 White Pine Back to index

The Concept of Arcology

By Paolo Soleri

The arcology concept proposes a highly integrated and compact three-dimensional urban form that pursues the opposite of urban sprawl, with its inherently wasteful consumption of land, ener- gy, and time, tending to isolate people from each other. In an arcology, the built environment and the living processes of the inhabitants interact as or- gans, tissues, and cells do in a highly evolved organism.

his means that mul- transform the earth, turning We have been decoupling tiple systems work farmland into parking lots and the urban from the logistical together, coordinat- wasting enormous amounts of (transportation). As long as we T ed and integrated to time and energy transporting persist in hyper consumption minimize waste while maxim- people, goods, and services mode and automobile suprem- izing efficient circulation of over their expanses. My prop- acy, this conflict has no solu- people and resources, employ- osition is urban implosion ra- tion. It is a simple fact of phys- ing multiuse structures, and ther than explosion. The city ics (transportation) and hyper exploiting solar orientation for must cohere with the guide- physics (urban effect). Every lighting, heating, cooling, food lines of the evolution of life. adult with a minimal under- production, and esthetic im- These are self-containment, standing of physics in his or pact. sophisticated logistics, reduc- her brain knows (or better

The morphology of the tree, namely the proximity of the leaves to the logistical network of the branches, is an analogy for the swiftness and economy that our systems try to emulate to no avail.

The essential problem I tion of waste (the lean pro- hurry up and know) that re- am confronting is the present cess), interaction with the duction of consumption and design of cities only a few sto- "outer" world, richness of pro- increase of three- ries high, stretching outward cesses, self-reliance, and the dimensionality---a multistory in unwieldy sprawl for kilome- generation of an inner light, habitat—offer the only alterna- ters. As a result, they literally the urban persona. tives to urban sprawl. The rest

22 The Sustainable Real Estate Journal is pure deleterious delusion, building cities because organ- iaturization: complexity so the virtue of which is to fill the isms at all levels of evolution prodigious and miniaturiza- pockets of attorneys, politicos, are masterworks of complexity tion so extravagant as to en- builders, utility companies, indissolubly tied to miniaturi- gender in organisms the phe- and developers. zation. A society made up of nomenon of duration that en- The morphology of the complex individuals is a socie- ters synergistically into the tree, namely the proximity of ty defining ever more intricate evolutionary advancement of

It happens that the historical moment in which we live is desperately in need of leanness because our species has an irresistible motivation toward transforming the envi- ronment in favor of comfort, security, and happiness, but lacking the knowledge, sense of context, sense of equity, wisdom, determination, and the cosmic awareness for a life transcending the "law of the jungle.” the leaves to the logistical net- synergies, as we the organisms themselves. work of the branches, is an all know when surveying Hotness is the way space analogy for the swiftness and our lives. What is needed is reconfigures itself Miniaturi- economy that our systems try not a Disney like simulation or zation is the most economic, to emulate to no avail. In the an arcadia but a movement frugal way of hotness. Com- lean construct of an organism, into the complex, self- plexity is the rich content of each cell of the body is fed and clustering, environmentally such economy. Complexity cleansed by astounding sym- coherent towns and cities we and miniaturization are insep- metrical networks of arteries could invent if we put our- arable, and they are a take-it- and veins. Trillions of cells are selves to it. or-leave-it proposition. To kept living and working by the The most remote influ- take it means to be with and gossamer reticulum of an in- ence is the most pervasive. Ra- for life. To leave it means to be imitable delivery-retrieval sys- ther, the most pervasive is the with and for death. It is that tem. Our monstrous multi- most remote. Or rather still, pure and simple. tudes of automobiles, soon the sun belongs to the most The Lean Alternative over six billion (the American remote sphere of influence, yet It happens that the historical dream), will never achieve is not only pervasive but inva- moment in which we live is even a pale approximation of sive: it is the indefatigable co- desperately in need of lean- the logistical perfection of any generate of consciousness. ness because our species has, organism. Furthermore, a cul- One can state unequivo- in Homofaber, an irresistible ture based on the car leads to cally that there is no possibil- motivation toward transform- the diaspora of habitat, inevi- ity for consciousness to exist ing the environment in favor tably segregating people and and operate in the absence of of comfort, security, and hap- stifling true novelty, the syner- organisms that are the epito- piness, but lacking the gy of culture and civilization. me of a prodigious degree of knowledge, sense of context, Complexity is a worth- complexity made possible by sense of equity, wisdom, de- while goal in planning and an extravagant degree of min- termination, and the cosmic

23 White Pine awareness for a life transcend- found a realistic response to priciousness, self- ing the "law of the jungle." Ho- the logistic-based nature of its contradiction, inequity, de- mo sapiens is a gifted animal species' development. Trans- struction, collapse, nemesis. but not an innocent one. He is portation is fundamental, The Western formula has an opportunist loaded with from the human body's circu- perhaps hit the zenith of un- idiosyncratic faculties, not al- latory system to the collective conditional materialism. Lo- ways amiable, and often ob- circulatory systems of our gistical paralysis is just one of scuring the nobility of his bet- communal habitat. Yet we the afflictions of the American ter self. practically live our lives as if landscape imposed by the an- The industriousness of we were the stuff of angels, tiurban diaspora. To attempt Homo faber exemplified in the liberated (redeemed?) from to reform this landscape is an Industrial Revolution, has subjection to gravity and other exercise in too little too late. produced the magic of materi- givens of planetary reality. We Mere reform falls short of the alism unlimited. We are taken are in the process of setting up task of facing and coping with by it because one dimension of an absurd landscape - exur- the new conditions generated man is opportunistic, signify- bia—supported by a litany of by our industriousness, given ing the transposition of the wrong logistical systems that that it is mostly an attempt to law of the jungle—effective, are unsustainable. improve what exists, produc- innocent, and ethically mute— The triumphal technolog- ing only a better kind of into the human field: "If you ical march of Homofaber is wrongness. Reform will not can get away with it, go at it" is overloading the poorly de- affect sufficient transfor- the maxim of busybody man, signed arterial and venous lo- mation because it works at im- Homo faber. gistical networks we have na- proving the wrong thing and The lean alternative is an ively embraced. The suburban thus moves toward a predicta- attempt to reformulate the logistical network is sclerotic, ble dead end. materialistic tide into a con- and worse, doomed. In order sidered balance, where pro- to remain marginally viable, This was an excerpt from duction, consumption, and the life of the "organism" be- “Conservations with worth form a balancing act, a comes grotesque. An aerial Paolo Soleri.” graceful trinity working on the view of exurban diaspora evi- To be continued in the next basis and inspiration of dences that grotesque, monot- issue. knowledge, learning, and tran- onous, shallow, delusional life. scendence. The lean alterna- It is uncivilized--that is, de- tive resonates with the lean prived of civitas, the city—but hypothesis, finding the grace serves well the production, in leanness of means to consumption, segregation, achieve coherence and harmo- waste, and pollution cycles of ny in ends. rampant, rapacious capital- Any nonlean approach ism. would be a planetary curse if Here the word reformula- extended to a projected ten tion—to form again—refers to billion people. This is not ab- the imperative to reformulate stract thinking. This is hard- intentions that, per se, are ra- core realism for a human phe- pacious, no longer coherent, nomenon that has not yet and constitute a race into ca-

24 The Sustainable Real Estate Journal

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U.N. Conference on Sustainable Development Indigenous People of Brazil Speak Out on Colonization,The False Green Economy and Our Relationship to the Earth and All Life

e, the Indigenous We see the goals of and the accumulation of capi- Peoples of Mother UNCSD Rio+20, the “Green tal by the few. W Earth assembled Economy” and its premise Since Rio 1992, we as at the site of Kari-Oka I, sa- that the world can only “save” Indigenous Peoples see that cred Kari-Oka Púku, Rio de nature by commodifying its colonization has become the Janeiro to participate in the life giving and life sustaining very basis of the globalization United Nations Conference capacities as a continuation of trade and the dominant on Sustainable Development of the colonialism that Indig- capitalist global economy. Rio+20, thank the Indige- enous Peoples and our Moth- The exploitation and plunder nous Peoples of Brazil for er Earth have faced and re- of the world’s ecosystems and welcoming us to their territo- sisted for 520 years. The biodiversity, as well as the ries. We reaffirm our respon- “Green Economy” promises violations of the inherent sibility to speak for the pro- to eradicate poverty but in rights of Indigenous Peoples

The Green Economy is nothing more than capitalism of nature; a perverse attempt by corporations, extractive industries and governments to cash in on Creation by privatizing, commodifying, and selling off the Sacred

tection and enhancement of fact will only favor and re- that depend on them, have the well-being of Mother spond to multinational enter- intensified. Our rights to self Earth, nature and future gen- prises and capitalism. It is a determination, to our own erations of our Indigenous continuation of a global econ- governance and own self- Peoples and all humanity and omy based upon fossil fuels, determined development, our life. We recognize the signifi- the destruction of the envi- inherent rights to our lands, cance of this second conven- ronment by exploiting nature territories and resources are ing of Indigenous Peoples of through extractive industries increasingly and alarmingly the world and reaffirm the such as mining, oil explora- under attack by the collabora- historic 1992 meeting of the tion and production, inten- tion of governments and Kari-Oca I, where Indigenous sive mono-culture agricul- transnational corporations. Peoples issued The Kari-Oca ture, and other capitalist in- Indigenous activists and lead- Declaration and the Indige- vestments. All of these efforts ers defending their territories nous Peoples Earth Charter. are directed toward profit continue to suffer repression,

25 White Pine militarization, including as- the water we drink and all the respected for the sake of our sassination, imprisonment, genes, plants, traditional future generations and all of harassment and vilification as seeds, trees, animals, fish, humanity. We urge all hu- “terrorists.” The violation of biological and cultural diver- manity to join with us in our collective rights faces the sity, ecosystems and tradi- transforming the social struc- same impunity. Forced relo- tional knowledge that make tures, institutions and power cation or assimilation assault life on Earth possible and en- relations that underpin our our future generations, cul- joyable. deprivation, oppression and tures, languages, spiritual Mother Earth is the exploitation. Imperialist glob- ways and relationship to the source of life which needs to alization exploits all that sus- earth, economically and polit- be protected, not a resource tains life and damages the

In order to achieve sustainable development, states must recognize the traditional systems of resource management of the Indigenous Peoples that have exist- ed for the millennia

ically. to be exploited and commodi- Earth. We need to fundamen- We, Indigenous Peoples fied as a ‘natural capital.’ We tally reorient production and from all regions of the world have our place and our re- consumption based on hu- have defended our Mother sponsibilities within Crea- man needs rather than for the Earth from the aggression of tion’s sacred order. We feel boundless accumulation of unsustainable development the sustaining joy as things profit for a few. Society must and the over exploitation of occur in harmony with the take collective control of pro- our natural resources by min- Earth and with all life that it ductive resources to meet the ing, logging, mega-dams, ex- creates and sustains. We feel needs of sustainable social ploration and extraction of the pain of disharmony when development and avoid over- petroleum. Our forests suffer we witness the dishonor of production, over consump- from the production of agri- the natural order of Creation tion and over exploitation of fuels, bio-mass, plantations and the continued economic people and nature which are and other impositions of false colonization and degradation inevitable under the prevail- solutions to climate change of Mother Earth and all life ing monopoly capitalist sys- and unsustainable, damaging upon her. Until Indigenous tem. We must focus on sus- development. Peoples rights are observed tainable communities based The Green Economy is and respected, sustainable on indigenous knowledge, not nothing more than capitalism development and the eradica- on capitalist development. of nature; a perverse attempt tion of poverty will not be We demand that the by corporations, extractive achieved. United Nations, governments industries and governments and corporations abandon The Solution to cash in on Creation by pri- false solutions to climate vatizing, commodifying, and This inseparable rela- change, like large hydroelec- selling off the Sacred and all tionship between humans tric dams, genetically modi- forms of life and the sky, in- and the Earth, inherent to fied organisms including cluding the air we breathe, Indigenous, Peoples must be GMO trees, plantations, agro-

26 The Sustainable Real Estate Journal fuels, “clean” coal, nuclear stricting guidelines. nized by a true sustainable power, natural gas, hydraulic We reject the assertion development for our commu- fracturing, nanotechnology, of intellectual property rights nities that allows each one of synthetic biology, bio-energy, over the genetic resources us to Live Well. biomass, bio char, geo- and traditional knowledge of As peoples, we reaffirm engineering, carbon markets, Indigenous peoples which our rights to self- Clean Development Mecha- results in the alienation and determination and to own, nism and REDD+ that endan- commodification of Sacred control and manage our tra- ger the future and life as we essential to our lives and cul- ditional lands and territories, know it. Instead of helping to tures. We reject industrial waters and other resources. reduce global warming, they modes of food production Our lands and territories are poison and destroy the envi- that promote the use of at the core of our existence – ronment and let the climate chemical substances, genet- we are the land and the land crisis spiral exponentially, ically engineered seeds and is us; we have a distinct spir- which may render the planet organisms. Therefore, we af- itual and material relation- almost uninhabitable. firm our right to possess, con- ship with our lands and terri- We cannot allow false trol, protect and pass on the tories and they are inextrica- solutions to destroy the indigenous seeds, medicinal bly linked to our survival and Earth’s balance, assassinate plants and traditional to the preservation and fur- the seasons, unleash severe knowledge originating from ther development of our weather havoc, privatize life our lands and territories for knowledge systems and cul- and threaten the very survival the benefit of our future gen- tures, conservation and sus- of humanity. The Green erations. tainable use of biodiversity Economy is a crime against and ecosystem management. humanity and the Earth. In The Future We Want We will exercise the order to achieve sustainable In the absence of a true right to determine and estab- development, states must rec- implementation of sustaina- lish priorities and strategies ognize the traditional systems ble development, the world is for our self-development and of resource management of now in a multiple ecological, for the use of our lands, terri- the Indigenous Peoples that economic and climatic crisis; tories and other resources. have existed for the millen- including biodiversity loss, We demand that free, prior nia, sustaining us even in the desertification, deglaciation, and informed consent must face of colonialism. Assuring food, water, energy shortage, be the determinant and legal- Indigenous Peoples’ active a worsening global economic ly binding principle of ap- participation in decision recession, social instability proving or rejecting any plan, making processes affecting and crisis of values. In this project or activity affecting them, and their right of Free sense, we recognize that our lands, territories and oth- Prior and Informed Consent much remains to be done by er resources. Without in- is fundamental. States should international agreements to formed consent, the colonial- likewise provide support for respond adequately to the ist model of the domination Indigenous Peoples appropri- rights and needs of Indige- of the Earth and its resources ate to their sustainability and nous Peoples. The actual con- will continue with the same self determined priorities tributions and potentials of impunity. without restrictions and con- our peoples must be recog-

27 White Pine Back to index A Better Way to Rate Green Buildings LEED sets the standard for green buildings, but do green buildings actually save any energy?

By Henry Gifford

hanks to the pub- experts, membership is open ders for environmentally lic’s increasing con- to all, and includes the largest friendly products into the cern for the envi- players in the construction marketplace. By participating T ronment, one of the industry. The USGBC is really in the USGBC, manufacturers most desirable features a new the construction industry tell- of environmentally friendly building can have these days ing itself what it ought to do. products have helped achieve is to be “green.” So many peo- Still, the system has ac- public recognition for them, ple want to live and work in complished some notable while designers and builders environmentally friendly goals. Before the LEED sys- have achieved recognition for buildings that developers are tem existed, a company try- choosing to use them. able to charge a premium for ing to sell a construction ma- This has been a win win- them. However, exactly terial made from recycled win arrangement for compa- what is meant by “green” is waste or containing fewer nies manufacturing environ- not easily defined. toxic chemicals had an uphill mentally friendly products, The promotional mate- battle, especially if their for the public, and for the en- rials for green buildings product cost extra or required vironment. But, buildings ac- might list feature such as re- a change in construction tually use about71% of the cycled and than comparable practice. People making a electricity 8 and about 40%9 buildings. What has been cre- choice between saving money of all the energy used in the ated is the image of energy and helping the environment US, far more than the whole efficient buildings, but not were largely isolated, and got transportation sector, which actual energy efficiency. little recognition for helping uses only 29%. 10 Part of the problem may the environment. Drastic reductions in reside in the system’s roots. The USGBC helped energy use have been The USGBC, which created change this situation. As achieved by many buildings the LEED system, was found- quoted in Fast Company, in the US and elsewhere, and ed in 1993 by David Gott- Rick Fedrizzi, the current of course a building has to be fried, a real estate developer, chairman of the USGBC, said energy efficient to be truly and Rick Fedrizzi, who was a "We realized we were getting environmentally friendly. For marketing executive for an air the messaging wrong, leading many years, the USGBC conditioning company. with the environmental sto- claimed that green buildings While the organization’s ry," he says. "We had to lead saved energy1112. But, incredi- name implies it is a group of with the business case." This bly, the LEED certification independent environmental approach has worked won- process for new buildings

28 The Sustainable Real Estate Journal does not require energy use you know, if it’s bad, we’re ings.1718” The USGBC has to be reported, or even kept certainly not going to tell any- publicized this claim,19 and if track of! So nobody knew un- body. And, and we’re going to LEED buildings really were til recently how much energy fix the problem and that will saving that much energy, it LEED buildings used. Finally, be good. But I knew he would be a start – albeit only after years of people asking wouldn’t let that happen, so a modest one – in the right questions, the USGBC com- in the front of my head was, if direction. missioned the New Buildings it’s bad I’m going to let Cathy However, for a number Institute of Vancouver, [Cathy Turner, the senior an- of reasons, the publicized fig- Washington, to conduct the alyst for the New Buildings ure is not only wrong, it ap- first broad study of how Institute] publish just her pears that the reverse is actu- much energy LEED rated graphs, with no explanation, ally true. First of all, the buildings actually used. The and it’ll be so statistically im- buildings studied were not a results were announced in penetrable to anybody who random sample. Letters were November 2007 at Green- could actually articulate what sent to the LEED representa- build, the USGBC’s annual was going on, that it wouldn’t tives for all 552 buildings that gathering. matter, because they, you had been certified at that

...for a number of reasons, the publicized figure is not only wrong, it appears that the reverse is actually true….There is nothing in the report to support the 30% (energy savings) claim, which appears to be a simple exaggeration...

At the long awaited an- know, could only talk to point. Two hundred fifty re- nouncement, Brendan Ow- somebody else who could un- sponses were received, but ens, the technical director of derstand them, and there’s complete energy data was ob- the USGBC, gave the audi- not many of those out there. tained from only 121 of the ence a lot of reason to doubt So, the fact of, the de- responders, leaving a sample the validity of the results lightful fact of the results of of only 22% of the total num- when he said “I was really the study being what I would ber of certified buildings. kind of cringing about consider to be overwhelming- This sample appears to con- what kind of data we ly positive considering how stitute only those owners or would get. And, when bad I thought it was going to operators of LEED certified Mark and I started talk- come out, are pretty remarka- buildings who were willing to ing about what this sur- ble.16” Unfortunately, Mr. divulge their energy use data, vey, and what this study Owens seems to have de- which is a little like making was going to be, he asked scribed exactly what hap- generalizations about drivers’ some pretty pointed pened. The study claims that blood alcohol levels from the questions about what were “On average, LEED buildings results of people who volun- we going to do with it, and in are 25-30% more efficient teer for a roadside breatha- the back of my head it was, than non-LEED build- lyzer test. Yet, the USGBC us-

29 White Pine es it to back up their claims of including those built before make one more unfair com- 25 – 30% energy saving. 192023. When asked during parison. There is nothing in the the presentation about the The CBECS index is report to support the 30% vintage of the buildings that based on the ean, or average claim, which appears to be a are in CBECS, Cathy Turner energy use per square foot26, simple exaggeration. The said “I knew we didn’t have while the LEED energy use buildings that were included enough graphs, we took that index of 9,000 used in the in the study were determined one out. But if you could have study is something very dif- to have an energy use index seen the graph of CBECS en- ferent: the median value27, of 6921, meaning that they ergy use by building vintage it which is the umber separat-

...22% of LEED buildings whose owners participated in the study and reported their energy data used an average of 29% more energy than the most similar buildings...

use a total of 69,000 BTUs of doesn’t really make that ing the higher half of a energy per square foot per much difference. group of measurements from year. There is some sugges- the lower half. comparing the The study then com- tion in the most recent batch median value of one da- pared this to the US Energy that the brand new study had taset to the mean value of an- Information Administration’s a few post 2000 buildings other dataset is a worthless Commercial Buildings Energy and it looks like maybe they comparison, but in this case Consumption Survey’s index were doing better, but you it made the LEED buildings of 91,000 BTUs per square know it’s kind of early to look much more energy effi- foot per year for existing know that.” It is actually not cient than they actually are. buildings. As 69,000 is 24% too early to look at the newest The truth can only be found less than 91,000, this is the CBECS report, which was by comparing mean values to basis of their claim that they published in 2006, and there mean values. are saving 25%. However, is more than a suggestion When someone else at this is based on one of the un- that some post 2000 build- the Greenbuild presentation fair comparisons made in the ings are included; there is a asked why the median was study. First, the LEED build- separate category for build- used, Cathy Turner respond- ings were all built or renovat- ings built between 2000 and ed by saying “Average is often ed after 2000, which means 2003. They are down to using used as a general term to ap- they automatically benefit 81,600 BTUs per square foot ply to any of the ways you from recent advances in the per year25. It would have been might average mean or medi- energy efficiency of lighting meaningful to compare new an or mode, and we did use fixtures, cooling equipment, buildings with new buildings, the median in this data to etc. which would have shown avoid being skewed by the, Buildings Institute chose a saving of only 15%. That is the extreme results.28” Of to compare to the USEIA/ still a saving, but the study course, the extreme results CBECS energy use index for wouldn’t have shown are part of the measured da- all buildings in the database, any saving at all if it didn’t ta, but neither the 66 page

30 The Sustainable Real Estate Journal preliminary report on the use and the USGBC to refer- the question of what could go study nor the 46 page final ence when the study made so wrong in buildings to pro- report ever reveals what the LEED buildings look good, duce results opposite to what mean energy use index for and it is still the fairest com- so many people are trying to the LEED buildings is. parison available. achieve. The answer is that However, Cathy Turner Therefore, what the data attention is focused on the later confirmed that the actu- actually indicate is that the appearance of energy effi- al mean value of the energy 22% of LEED build- ciency, not its accomplish- use indexes of the 121 LEED ings whose owners participat- ment. rated buildings included in ed in the study and reported The LEED system does the study is 10529. This is 29% their energy data used an av- this by rewarding designers higher than the CBECS mean erage of 29% more energy for predicting that a building of 81.6 for new buildings. than the most similar build- will save energy, not for prov- This is still not a perfect sta- ings in the dataset that the ing that a building actually tistical comparison, because study authors chose to use as saves energy. The LEED sys- the CBECS data is total ener- a comparison! Going to so tem asks for two predictions. gy use divided by total square much trouble and expense to The first, called the footage, which yields a build- end up with buildings that “baseline,” is a prediction of ing-size weighted average, use more energy than compa- how much energy a building

...when solar electric panels are wired together in a group, as they generally are, shade falling on one panel greatly diminishes the output from the whole group of panels. while building size is not in- rable buildings is not only a might use over the course of a cluded when calculating the tragedy, it is also a fraud per- year if it were a normal build- mean of the reported LEED petuated on US5 consumers ing, and the second predicts building energy use measure- trying their best to achieve how much energy it will use ments. true environmental friendli- with the energy saving fea- The New Buildings Insti- ness. tures included. The greater tute says that the LEED ener- Worse, by spending so the difference between the gy use was high because the many years without measur- two predictions, the better sampling contained some lab ing anything, and then ob- LEED rating the building buildings, but the CBECS da- scuring the truth when data is gets. However, predicting a ta also contains lab build- finally available, the USGBC building’s energy use is like ings30. There are other imper- has squandered the tremen- predicting the weather: if all fections in the comparison, dous public good will that has the relevant factors such as differences in climate accumulated behind the are known, it is still very diffi- and weather, but the compar- cause of environmentally cult. ison was good enough for the friendly buildings. There are exceptions, New Buildings Institute to This shocking failure raises such as an island in the Car-

31 White Pine ibbean, where a week tional incentives that can to- produced at noon, but it is from Tuesday it will probably tal well over a million dollars. not “noon” all day, and the be mild and sunny with just a A small final payment is noonday sun in Chicago is sprinkle of rain in the after- somewhat related to actual weaker than in Texas. noon. Likewise, the energy energy use, but the build- A rough rule of thumb use of a very simple building ing is not required to perform for the continental US is that such as a parking garage is better than other buildings – for a system facing South, fairly easy to predict. But as it only has to perform better tilted toward the sun, and soon a building gets heating, than an estimate32. The poor never shaded, each watt of cooling, and ventilation sys- performance of buildings rat- noon capacity produces about tems, walls and windows, ed by predictions represents a 1,000 Watt-hours of electrici- computers, and peo- tragic loss of the opportunity ty per year34. US utility com- ple occupy it, things get com- for real progress in reducing panies call that 1,000 Watt- plicated fast. energy use in buildings. But, hours a kilowatt-hour, and Predictions are further with LEED ratings for new sell it for an average of nine complicated by the fact that buildings offering no credit cents35. This makes solar the best methods for making for actually saving energy, it electric paybacks frustrating- a building energy-efficient in is no wonder that designers ly long. Minnesota don’t apply well in feel pressure to shift their fo- Instead of making elec- Florida, and what works in cus from achieving energy tricity with solar panels, a de- a hotel may not work as well efficiency to the appearance signer could choose to in a school. Even the study of energy efficiency. save electricity with more en- commissioned by the USGBC This pressure influences ergy efficient lighting. The admits that predictions every decision involved in de- same nine dollars could are problematic when it says signing what should be an pay the cost difference be- that “In other words, the ac- environmentally friendly tween three standard light curacy of individual energy building, including one that bulbs36 and three compact use predictions is very incon- every design team faces: will fluorescent bulbs37. If 100 sistent.31” the building have solar pan- Watt bulbs are replaced by 23 Despite the obvious els? The panels provide a per- Watt bulbs, with each bulb problems, the rush to rate fect photo opportunity, which saving 77 Watts, three com- buildings based on predic- makes them a publicist’s bined would save 231 Watts. tions continues. Starting in dream. But money spent on This means the bulbs would January 2008, a program solar panels can’t also take approximately four funded by a New York State be spent elsewhere, and the hours to save about the same agency pays money to devel- photos don’t show 6 by: Hen- 1,000 Watt-hours of electrici- opers who say they intend to ry Gifford ty that the solar system pro- build energy efficient multi- www.henrygifford.com how duces in a year. family buildings. The devel- effectively they actually meet This shocking difference oper gets thousands of dollars the building’s energy loads. shows how much more effec- for registering a planned de- The type of solar energy tive it can be to save electrici- velopment, and later, based systems that make electricity, ty than it is to make it. Of on the size of the building as opposed to those that heat course, in the long term, and the difference between water, currently cost about $9 making electricity from the two predictions, gets addi- per watt33. That is, per watt sun will probably become

32 The Sustainable Real Estate Journal critically important, and electric panels are wired to- well insulated walls. A really the best building would have gether in a group, as they good architect takes the de- both solar panels and fluores- generally are, shade falling on sign a step further and shows cent-only fixtures which work one panel greatly diminishes how the windows should be even better than screw-in flu- the output from the whole connected to the walls. But, orescents. But right now, as group of panels. The choice to no matter how good the de- long as actual energy use is not install the panels on an- sign, if no one makes sure the not measured, gled brackets on the roof, plans are actually followed and appearance is more im- where they would produce during construction, the win- portant than reality, a design- more electricity but would dow might not be installed er choosing between saving a not be visible from the street, properly. Air leaking through lot of electricity with bet- made the installation a colos- a gap between the window ter lighting or producing a sal waste of perfectly good and the wall wastes energy, little electricity with solar solar panels. and also confounds energy panels is choosing between Despite this, the build- use predictions. Worse, if the obscurity and recognition. ing 7 is held up as an example air leak causes someone to One building that has of an “environmental friend- feel a cold draft and adjust gotten a lot of publicity for ly” building. The owners the thermostat, even more having solar panels mounted made many other efforts to energy is wasted, and at- vertically on its facades where improve the building, but the tempts to predict annu- everyone can see them was solar panels get most of the al energy use become folly. built in New York City in attention. Like any such Part of the solution is 2003. It is billed as building, the designers were the “measure twice, cut once” “America’s first environmen- under pressure to make approach to installing win- tally advanced residential the image of being “green” a dows, which does nothing to tower.39” But, because the priority over actual energy get the building publicity be- panels are not tilted to face efficiency. The design phase cause it is low-tech, and is as the sun, they don’t pro- of a building’s life is not the old as the first time a cave duce nearly as much electrici- only time this pressure ex- dweller cut a piece of ty as they would if they were erts itself. wood. The failure to measure mounted at the correct solar A building’s energy per- a “green” building’s energy angle. Worse, they are not formance also depends on efficiency by public- even facing due South. Some important decisions made ly revealing how much energy are mounted on a facade that during construction, and it actually uses also influ- faces Southwest, and others even later, when the building ences countless decisions face the street, which leaves is occupied. But with LEED made after construction is them facing roughly north- ratings issued based on a finished. It is hard to walk west. building’s design, there very far down any street in Still another group of is little incentive to pay atten- the US before seeing a light panels is mounted where tion to these other, critical turned on that doesn’t need rooftop equipment will areas. to be on during the daytime, throw shadows on at least For example, a design or that is left on unnecessari- one of them at all times42. might ask for energy efficient ly at night. Unfortunately, when solar windows mounted in The USGBC tries to ad-

33 White Pine

dress this problem by requir- the energy efficiency of a ings, or even to construction ing documentation promising building: by how much ener- sites that are barely more commissioning of automatic gy it actually uses after it than empty lots47. This pres- lighting sensors and oth- is occupied. sure encourages the current er control systems in all For any green building practice of awarding those LEED certified buildings, but rating system to be truly ef- ratings based on the differ- since the energy part of fective it must require public ence between two estimates, LEED is all about predictions, scrutiny of utility bills for all which is obviously not work- and not about measured rated buildings, not just a few ing. achievements, that strategy is selected examples. Any build- The most realistic ap- not working. ing or rating system that does proach would be to first For example, a LEED not make all energy use data award a tentative green build- rating was awarded to a 46 public, and show substantial ing rating that would story office building built 8 savings relative to compara- be subject to redaction based by: Henry Gifford ble buildings, does not de- on actual energy use, and on- www.henrygifford.com on serve to be called environ- ly issue a final rating if the 57th Street in New York City mentally friendly, regardless utility bills show the building in 200643. The building is re- of how many supposed really is energy efficient. portedly equipped “green” features are included. Of course the ratings should with sensors that turn the Only by rating buildings ac- count measured energy use as lights off based cording to actual energy con- the main criteria, not a minor on occupancy44, yet lights sumption can a rating system portion. Rated buildings throughout the building stay reward success, and encour- should mount award plaques on through the night, night age energy saving in not only with removable screws, be- after night45. the design phase, but also cause each year the building’s The building still has its during construction, as well energy bills would have to be LEED rating, and the owners as after the building is occu- reviewed. Buildings that did still describe it as “the most pied. Even fancy energy tech- not continue to perform environmentally friendly, nologies require hard work to would lose their ratings, and or “green,” office tower in successfully integrate them those that performed well New York City history.46” into the building and get could continue to have some- As these examples illus- them to work as intended, thing to be proud of. trate, energy efficiency is de- which a rating system that This brings up the ques- pendent on specific proce- doesn’t measure energy use tion of what the preliminary dures at least as much as on does nothing to encour- rating should be based the use of special products or age. But rating buildings by on. Obviously it should be technologies. But, because how much energy they actual- something more reliable than better procedures do little ly use poses a sticky problem: the difference between or nothing to promote the it requires the building to two energy use predictions, image of energy efficiency, first be built and occupied. as currently used in the LEED they have been mostly ig- The USGBC and oth- system. To be useful the rat- nored in the rush to rate er rating organizations are ing should be based on some- buildings as green. There is under pressure to award val- thing very simple and relia- only one realistic way to rate uable ratings to new build- ble, yet incorporate aspects of

34 The Sustainable Real Estate Journal the many things that affect a would cost essentially noth- built and occupied, they building’s energy use. Ideally, ing, and not even require should be rated by how it would also be much easier adding a new task. It would much energy they actually to verify than the difference just require a routine job to use in the second full year between two predictions, be done effectively, and care- after construction or renova- which are usually complicat- fully. tion. Waiting until the second ed computer models. Careful equipment siz- year for an actual rating Fortunately, a simple ing itself would have built-in would be frustrating, but solution already exists, one benefits: not only is smaller would avoid many problems that is already successfully equipment less expensive with the first year. incorporated in building to purchase and install, but it For example, utilities are codes in some parts of the leads to energy saving and usually turned on before con- world48: the amount of source improved comfort, as over- struction is complete, making energy required to operate sized equipment can cause it hard to say just when the the heating, cooling, and ven- fluctuating in- first year starts. If counting is tilation systems at peak load. door temperatures, poor hu- started from the date when A big building gets a heating midity control, and energy the government issues a cer- and cooling system that re- waste. tificate of occupancy, the bills quires a lot of energy to oper- Another benefit is that might be unrealistically low ate, and a small building gets the coordinated effort re- because of partial occupancy, a small system. Anyone who quired to size “just or unrealistically high be- proposes installing a big, large enough” equipment cause of problems with the powerful system in a small would encourage closer coop- building that take time to fix. building has to find a way to eration between building de- And, of course, ratings would keep the building comfortable signers and mechanical sys- have to be renewed regularly, with a smaller system, which tem designers, which based on actual energy con- means making the building most people involved with the sumption. more energy efficient. While construction industry would The USGBC actually system capacity is not readily agree is a change does have a separate, little an exact predictor of energy that is sorely needed. In the known LEED rating system use, it is a relatively effective future, as buildings get more for existing buildings, but en- proxy, and has many ad- and more energy effi- ergy is a minority of the con- vantages. cient, updating preliminary sideration for a rating, and Equipment size and green building ratings would the requirement is that the building size can be verified be as simple as changing one building use less energy than before, during, or af- number. 60% of compara- ter construction. The sizing Someday, someone ble buildings49. In other procedure is nothing new in might come up with a better words, it can use more energy the industry, as some- way to predict the energy than about 40% of compara- one already sizes equipment use of buildings that aren’t ble buildings, which is a low for every building. Using this built yet. Until then, heating bar indeed. same decision for tentative- and cooling system capacity A truly effective rating ly rating the environmental limits are the best available system would encourage ever friendliness of buildings option. Once buildings are decreasing ener-

35 White Pine gy consumption by simply stat- reporting actual energy use, organization that already does ing how much energy the build- these buildings and the CBECS study, could do it. ing used, instead of awarding the strategies that enabled the Since 2002 they have had points, stars, or other rank- energy savings are as unrecog- the authority to get utility bills ings. Stating how much energy a nized as environmental- on any building, with or with- building uses also avoids state- ly friendly building materials out the owner’s consent (coupled ments such as “20% less than…” were before the LEED system with the requirement to main- which is not an amount of ener- popularized them. tain anonymity), which enables gy. The fact that many of the them to evaluate 100% of All the energy sources sup- most energy efficient buildings the buildings included in a green plied to a building can be con- do not depend on fancy new building program. verted to KiloWatt- Hours, so a technologies only makes it hard- Utility companies can help rating would look like this: “The er for effective strategies to get by making energy use data building used 180,000 Kilowatt- recognition. It is far from the searchable on their websites by Hours of energy in the past 12 sole fault of the USGBC that fan- building address for anyone who months, which is equivalent to cy technologies which enhance gives permission. Tax assessor’s 120 KWH per square foot per the image of energy efficiency offices have data on the approxi- year.” People would soon be get most of the attention, but any mate size of every building in the overheard saying things such as system with the words country, and also know “My house used only110 KWH “Leadership” and “Energy” in the if buildings are used as schools, per square foot last year.” “Oh, name must, by definition, recog- houses, apartments, etc. but that’s because the two of you nize buildings that have achieved Smart realtors could give live in a 3,500 square foot house. measured and verifiable energy prospective buyers listings that We used 134 KWH per square savings. compare actual energy use of foot last year, but the four of us Building energy use is per- various buildings. Or, if a seller live in a 1,100 foot house, so our haps being the largest field of refused to let a utility company bill comes out to only 147,000 human endeavor in divulge their building’s energy KWH for the whole year. And, which almost nobody measures use data, the realtor would tell with the new lights we just in- anything. But, the situation is the buyer “I printed out the ener- stalled, we’re hoping to get un- actually worse than that: meas- gy use of all the properties except der 130,000 next year.” urements are taken by utility this one, whose owner wouldn’t This sort of talk might companies every month, and are release the information.” sound too technical for the aver- largely ignored. Utility company In the meantime, until a age person, but Americans didn’t records should start to be used to central database is available, take long to learn how to talk rate our country’s buildings im- realtors can start now by ask- about how many gigabytes and mediately. 11 ing sellers for utility company megahertz their computer has, An important step is the account numbers, and down- so surely they can learn to boast creation of a central database of loading billing histories about low energy use. energy use per square foot, from utility company websites. A significant number of where any building owner who As soon as this practice becomes buildings that have energy use wishes can have their building widespread, it will serve as a low enough to boast about have listed and compared to a very powerful and equitable financial been built in the US over the large number of similar build- incentive to save energy. years. But, with no widespread ings. Perhaps the US Energy In- Linking these vast data- system in place for measuring or formation Administration, the bases together sounds like a lot

36 The Sustainable Real Estate Journal of work, but the US currently us- portance of energy to our econo- to use estimates, points systems, es 24%50 of the world’s oil, de- my, to the world’s political and or checklists to rate the ener- spite having less than 5% of the military stability, and to saving gy efficiency of buildings. It is world’s population. This situa- the planet from global warm- time to stop squandering our tion obviously cannot continue ing, we need to have effective country’s future on the image of indefinitely. The only question rating systems as soon as possi- energy efficiency, and start de- is how soon this will change, and ble. The true results of the study signing and building buildings how painful the change will be. of LEED rated buildings should that really are energy efficient. With the increasing im- mark the end of the era of trying

EPA Survey Shows $384 Billion Needed for

Drinking Water Infrastructure by 2030

WASHINGTON — The U.S. Environmental Protection Agency (EPA) today released results of a survey showing that $384 billion in improvements are needed for the nation’s drinking water infrastructure through 2030 for systems to continue providing safe drinking water to 297 million Americans.

EPA’s fifth Drinking Water Infrastructure Needs Survey and Assessment identifies investments needed over the next 20 years for thousands of miles of pipes and thousands of treatment plants, storage tanks and water distribution systems, which are all vital to public health and the economy. The national total of $384 billion includes the needs of 73,400 water systems across the country, as well as American Indian and Alaska Native Village water systems.

“A safe and adequate supply of drinking water in our homes, schools and businesses is essential to the health and prosperity of every American,” said EPA Acting Administrator Bob Perciasepe. “The survey EPA released today shows that the nation’s water systems have entered a rehabilitation and replacement era in which much of the existing infrastructure has reached or is approaching the end of its useful life. This is a major issue that must be addressed so that American families continue to have the access they need to clean and healthy water sources.”

The survey, was developed in consultation with all 50 states and the Navajo Nation. The survey looked at the funding and operational needs of more than 3,000 public drinking water systems across the United States, including those in Tribal communities, through an extensive questionnaire. In many cases, drink- ing water infrastructure was reported to be 50-100 years old. Improvements are primarily needed in: - Distribution and transmission: $247.5 billion to replace or refurbish aging or deteriorating lines - Treatment: $72.5 billion to construct, expand or rehabilitate infrastructure to reduce contamination - Storage: $39.5 billion to construct, rehabilitate or cover finished water storage reservoirs - Source: $20.5 billion to construct or rehabilitate intake structures, wells and spring collectors

EPA allocates Drinking Water State Revolving Fund grants to states based on the finding of the assess- ment. These funds help states to provide low-cost financing to public water systems for infrastructure im- provements necessary to protect public health and comply with drinking water regulations.

37 White Pine Back to index Japan’s largest 13.7MW Floating Solar Power Plant Begins Operations

Kyocera Corporation ceremony on March 20 with Ken- lar modules were installed to gen- (President: Hideo Tanimoto; saku Morita, the Governor of Chi- erate an estimated 16,170 mega- herein “Kyocera”) and Tokyo Cen- ba Prefecture. Kyocera TCL Solar watt hours (MWh) per year ― tury Corporation (President & is a joint venture of Kyocera and enough electricity to power ap- CEO: Shunichi Asada; herein Tokyo Century established in proximately 4,970 typical house- “Tokyo Century”) announced to- 2012 to promote large-scale solar holds. day that Kyocera TCL Solar LLC projects. All power generated is sold (herein “Kyocera TCL Solar”) has The plant was constructed to TEPCO Energy Partner, Incor- started operation of Japan’s larg- over the surface of the reservoir, porated. The project was original- est* 1 13.7 megawatt (MW) float- which is managed by the water- ly initiated by the Public Enter- ing solar plant this month. Locat- works bureau of Chiba Prefecture prises Agency of Chiba Prefecture. ed on the Yamakura Dam reser- for its industrial use. With seeking companies to help reduce voir in Ichihara, Chiba Prefecture, 180,000m2 (over 44 acres) of its burden on the environment. the Company held a completion surface area, 50,904 Kyocera so-

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