Tuesday, November 22, 2011

Who is Taking the LEED is Sports?

In building the Marlin’s new ballpark, construction showed deference to environmental concerns. The construction manager ensured that the materials were separated and recycled, significantly reducing the waste made in creating this ball park. The crew recycled up to 98% of the construction waste.

The inside of the stadium has also undergone green consideration with the installation of 249 waterless urinals, and the utilization of low energy glass around the stadium. These installations will decrease the stadiums usage of water and electricity. The stadium implements solar lights, reducing energy consumption, as well as a recycling program, to reduce waste.

The company insists that the industry has shifted toward green products, whereas 15-20 years ago, sustainability was not discussed in a project such as this one. The Marlins hope to gain either silver or gold LEED certification by the U.S. Green Council. There are others who are making concerted efforts, such as the Pittsburgh Penguins whose new arena was awarded a LEED gold certification, and the Washington Nationals ballpark which gained LEED silver certification. Other franchises such as the Philadelphia Eagles and the Boston Red Sox have retrofited their stadiums to make energy saving changes.

This concerted effort in creating an environmentally friendly building shows new considerations in construction. Many new residential and commercial buildings also try to achieve LEED certification. An internationally recognized green building certification system, the U.S. Green Building Council LEED was developed in 2000. The Green Building Council believes that LEED can assist builders in identifying and implementing practical and measurable green building design, construction, operations and maintenance solutions. The Green Building Council made requirements flexible enough to apply to both residential and commercial design and these requirements benefit building owners and tenants through economic and social rewards. The U.S. Green Council, awards points for installing everything from solar powered lights, water saving toilets, bike racks, and even low energy glass.

John Knight, a Populous architect, explains that "operators are starting to realize that being smart about design can actually go to the bottom line and make buildings less expensive to operate over the life of the building." Knight continued that once educated, operators are excited to make environmental changes that can also save them money.

Many hope that this move toward LEED certification as regular construction practice in sports stadiums will encourage other buildings to make similar changes in order to be more environmentally friendly and LEED compliant, and hopefully they will also reap the additional economic rewards. Knight states that he hopes that LEED certification will become integrated with building codes, and become ordinary practice for business and builders alike.

-Sloane Tait, Legal Extern

Friday, November 11, 2011

There Are Worse Things than Sharks in the Water

When the warm weather returns and you prepare for a day of fun in the sun at the beach, add a new step to your routine, check online for water quality reports at the National Resources Defense Council’s (NRDC) website. After analyzing three thousand United States beaches the NRDC found serious contamination in the waters. This contamination comes primarily from sewage pipes and storm water runoff that dump fecal waste, oil and other kinds of pollution into lakes and oceans. This contamination from sewage and storm water led to more than 24,000 beach closings and advisories in 2010. The 2010 beach closings and advisories were the second highest number in the last two decades. The contamination affects primarily the elderly, children, and those with compromised immune systems, and can lead to gastrointestinal illnesses, skin rashes, pinkeye and other health problems.

The worst beach contamination offenders: Avalon Beach and all of Cabrillo Beach Station in Los Angeles County; parts of Dohoney State Beach in Orange County; North Point Marina North Beach in Illinois; Beachwood Beach West in New Jersey. Florida's Keaton Beach, and four beaches in Ohio, Texas and Wisconsin, have failed water quality tests more than 25 percent of the time for the past five years in a row. While the Southeast did the best out of all the regions with just 4% of samples exceeding standards, there are still some precautions that should be taken when swimming in the ocean.

Check the NRDC website to see the water contamination at your beach, don't swim near a storm drain, and if the water looks or smells strange do not swim in it, frequently wash your hands, and take a shower after you swim. There also a few things you can do at home to prevent contamination such as fixing old, leaky sewage pipes and adding grass around parking lots to absorb rainwater. Helena Solo-Gabriele, an environmental engineer at the University of Miami in Florida, is hoping for faster testing techniques, the current detection takes twenty-four hours, to assist the public in knowing when waters are safe. She suggests that so long as reasonable precautions are taken, the public’s safety isn’t compromised by swimming at the beach.

-Sloane Tait, Legal Intern

Friday, October 28, 2011

Blocking Out the Sun

Recently mosquito planes have been spraying pesticide over Atlantic
Beach. And while generally this activity is legal, its details are
largely unknown and somewhat hidden from the general public. But why?

Just looking at one area for example, the Mosquito Control Division
(MCD) of the Environmental Resource Management Department responds to
mosquito control issues in Atlantic Beach. The MCD controls adult
mosquitoes by applying ultra-low volume (ULV) sprays containing
malathion, Dibrom, Baytex, or pyrethroids. Sometimes these are
applied as a thermal fog aerially. All pesticides used by MCD are EPA
registered and considered “safe for the environment.” The information
about where the MCD is spraying and where they will spray is available
on their website (http://www.coj.net/Departments/
Environmental-and-Compliance/Mosquito-Control/Where-We-are-Spraying.aspx).
According to the website, Atlantic Beach was treated most recently on
August 17, 2011. But not all cities and counties are as open as
Atlantic Beach, and none are required to be.
Both the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
and Florida Statute 388 allow for the spraying of pesticides from
planes. And Florida Statute 388 emphasizes balancing the natural
environment with the potential problems wrought by the insects that
affect the public’s wellbeing or causes annoyance, including all
mosquitoes, midges, sand flies, dog flies, yellow flies, and house
flies. This appears to be a good public policy, weighing the
interests of the environment with those of the citizens, so how is it
accomplished?

Every county in Florida has a committee which deals with these insects
and they retain the power to take whatever action the county requires
in dealing with the public health risks. These control measures apply
to public lands and must be approved by the Department of Agriculture
and Consumer Services, and performed by the local control agency
consistent with a public lands control plan. The control measures are
meant to insure that the application of pesticides is made only when
necessary by determining a need, such as a potential for a
mosquito-borne disease outbreak. The committees are supposed to apply
the minimum, economically feasible, option to prevent a public health
or nuisance problem while imposing the least hazard to fish, wildlife,
and other natural resources.

More specifically, Florida Administrative Code Title 5 Chapter
5E-13021 and 13.036 allows aircraft applications of mosquito
adulticide along beaches and bay shores only when there is a
demonstrable three-fold increase over a base population. The only way
to check to see if this rule is followed is to get a hold of the
surveillance and adulticide application records, which must be kept on
file for at least three years. There are also special rules applying
to aircraft control activities conducted over private lands when there
is a possibility of deposition of airborne substances. These rules
require that the control activities be conducted in a manner which
minimizes the deposition of insecticide onto such lands. In addition,
there are timing rules in place including, but not limited to, a rule
stating that the spraying for certain insects shall not occur between
two hours after sunrise and two hours before sunset. As mentioned
above, after an aerial operation takes place, records shall be
maintained for a minimum of three years which will include at least
the following: the area treated, the application rate and the material
used, the equipment and technique used, the name of the pilot in
command, the date, time, temperature, and general wind speed and
direction, pretreatment and post-treatment records of mosquito
presence. So it is clear that a citizen may obtain records after the
fact, but what about prior notice? What if one is concerned that
their child may breathe in these chemicals when they’re playing in the
backyard? To get advanced notice, get ready to divulge personal
information.

If a citizen wants notification of these activities, one has to
request to be placed on the notification list. This requires showing:
that a physician has examined the person and determined that the
placement of the person on the registry for prior notification of the
application of a pesticide or class of pesticides is necessary to
protect their health; the distance surrounding the person's primary
residence for which the person requires prior notification of the
application of a pesticide or class of pesticides in order to protect
the person's health; the pesticide or class of pesticides for which
the physician has determined that prior notification to the person is
necessary to protect the person's health; and the license number of
the physician. Such requirements certainly have a chilling effect and
it is worth asking, “Who are these rules meant to protect? The
public, or some other group?”

So while the City of Atlantic Beach appears to be upfront with their
mosquito-spraying, the only way to really tell is to request their
records and check them against their internally generated reports.
And if you live outside of Atlantic Beach, you may need to divulge
information about your health, or your child’s health.

-Sloane Tait and Andrew Miller

Friday, October 21, 2011

The Green(er) Workplace

Environmentally conscientious behavior can begin in the home, but what about your other home, the office? There are plenty of easy ways in which you can become more environmentally-conscious in the work place. First, you can pack a waste free lunch. This sounds daunting, but really just involves a few simple changes. Start with a reusable carrier, reusable containers, a thermos for drinks, a cloth napkin, and silverware that you can reuse. The key is that none of these items need to be thrown away. It may cost a bit more up front, but since you use these items regularly, you would be surprised how much you can save, and how much less waste you are producing over time. You can also post a sign in the break room to request people to bring in unwanted silverware, plates, mugs, etc. This way other people can use re-usable items at work, and you get to clean out your cabinets.

Another way you can help create a greener workplace is to encourage recycling. If your workplace doesn’t currently recycle, then talk to management and see if it is feasible to put one into place. It will help to remind management that recycling reduces waste disposal costs. If your office already has a recycling program in place, use it. Get an extra trashcan at your desk, and throw away paper separately, so that it will be easier to put it in the bin later. If you separate paper from your other trash you won’t have to root through the trash to separate it later.

You can also encourage management to utilize recycled materials, such as printing paper. Recycled paper can save money, and it’s especially good for inter-office memos and other in-office items that won’t be sent to clients. If you have input on the office supplies that your office purchases, consider green choices such as the Responsible Purchasing Network, the Green Seal of Approval, the Environmental Yellow Pages, the Green Pages Online, and purchasing environmentally-friendly building products. Your office can also utilize environmentally friendly packing material such as Lock n’ Pop. Another suggestion is to buy refurbished computers which are cheaper than new computers, or suggest donating your office’s used computer equipment. Even if every product your office uses isn’t environmentally friendly, small changes can make a big difference.

Reducing energy usage is another great way to help the environment. Energy Star for Small Business will assist you with an energy audit, and tell you ways that you can reduce your consumption. There are also some common sense techniques such as: unplugging things when they aren’t in use, turning off lights when you leave a room, making sure faucets and toilets aren’t leaking.

These are some quick and easy ways to save energy and help the environment at work. For all the resources used in this article go to: http://www.globalstewards.org/work-ecotips.htm, to assist in your efforts for a green workplace.

-Sloane Tait, Legal Intern

Friday, October 14, 2011

Eco-Business

An old proverb says that one man’s trash is another man’s treasure. A New Jersey man has made that true for himself in his capitalist venture. Tom Szaky, founder and CEO of TerraCycle, created a company which turns non-recyclable waste into recycled eco-friendly products. They do everything from making juice pouches into school folders and backpacks, and transforming chip bags into couches. He has even incorporated other businesses, such as Old Navy who collects old flip-flops, which TerraCycle then turns into playgrounds.

There are many ways to recycle household items to make them useful. Architecture for Humanity and Rubicon National Social Innovations created a contest encouraging entrants to find alternate uses for mattresses. The winning design was called the Helix, which reused these mattresses as sound absorption devices.

This idea is not new as we have all heard the mantra: reduce, reuse, and recycle, it is just more streamlined and modernized. Today you might find on YouTube a clip from the President of Weisenbach Recycled Products demonstrating how to make jewelry out of bottle caps. Other YouTube videos boast creative recycling options for everything from purses made of gum wrappers to table decorations made from glass bottles or two liter bottles. Recycling decreases the amounts of waste that fill up our land-fills, and these products are creative ways to re-use products for which we have already paid. By re-using what we already have and refurbishing it into something new, there is a satisfaction in gaining a new product, and also an appreciation in saving the environment and your wallet. While we may not all be budding entrepreneurs, these products can change the way that we see trash, and its potential uses in our lives.

See the clips here:
http://edition.cnn.com/2011/10/10/world/americas/terracycle-recycling-waste-szaky/index.html
http://openarchitecturenetwork.org/mattress
http://www.youtube.com/watch?v=hggu5jV5LFc

-Sloane Tait, Legal Intern

Friday, September 23, 2011

Utilizing Brownfields to Revitalize Economies

The Brownfields Center at the Environmental Law Institute defines a Brownfield as “[a]n industrial or commercial property that remains abandoned or underutilized in part because of environmental contamination or the fear of such contamination.” The Brownfields National Partnership was created in May of 1997, and it brought together approximately fifteen governmental organizations to begin brownfields projects to revitalize communities. One exemplary example is the Brownfield project in Milwaukee, Wisconsin. This project focused on mothballed properties and allowed for previously un-utilized properties to be restored and assisted the local economy of Milwaukee. Six properties were the primary target of the program, and were able to garner or retain 1,604 jobs and leverage more than $199 million in private investment.

Florida has its own brownfield program called the Florida Brownfields Redevelopment Program. This program utilizes economic and regulatory incentives to encourage the use of private revenue to clean up and redevelop sites, which creates new jobs and improves local economies. The Florida Brownfields Redevelopment Program has estimated they have created 2,372 new direct jobs, 3,057 new indirect jobs in 2010, and 1,556 new direct jobs, and 1,312 new indirect jobs for 2011. They also boast new capital investments of $76 million dollars from the program. A total of forty-seven sites have been rid of contamination and improved for public use since the program began.

A particular recent brownfield project in Florida has also had great success. In Ft. Myers, a former brownfield cite has been transformed from a coal gasification plant into the “Imaginarium,” which is a campus which includes a children’s museum, theater, outdoor pavilion, lagoon system, and emergency operations center. This center is allowing a previously contaminated site to become a local center for the City and providing an area that is both child-friendly and a great generator of jobs and revenue.

The Florida Brownfields Redevelopment Program is an excellent example of how environmentally friendly programs can also revive the economy. These sites, previously subject to excess waste, were unusable land. Being able to rid these lands of contamination and expand jobs improves local economies, allows for efficient use of the land, and improves the communities in which they are located.

-Sloan Tate, Legal Intern

Thursday, September 15, 2011

Jacksonville is Unwalkable!

Jacksonville was just recently named the least walkable city in the United States by Walk Score which is a company that evaluates walkability and transportation in major cities. This is the second year that the City has received this dishonor. Jacksonville earned a score of 32.6 on a scale from zero to 100. Our score was low because many neighborhoods in Jacksonville are completely dependent on cars as their only means of transportation. The silver lining is that downtown, San Marco, and Riverside are the most walkable parts of the City. These areas were moderately walkable for those in the residential areas. However, Walk Score found Eagle Bend near Main Street and Yellow Bluff Road, near Interstate 10 and West Beaver Street and Black Hammock Island near State Road A1A, and the Little Talbot Island State Park, as the least walkable. These neighborhoods were basically un-walkable, and it was almost impossible to get around without a car.

Even though the top five walkable cities in the U.S. were larger cities with more resources than Jacksonville, we can certainly learn from cities like New York, San Francisco, Boston, Chicago, and Philadelphia. Walking is an inexpensive and eco-friendly alternative to driving a car, and Jacksonville should make more strides to become friendlier to walkers. There are a number of benefits overall for those who live in walking-friendly neighborhoods. For example they tend to have residents who are up to eight pounds lighter, residents save on energy, and their neighborhoods tend to be worth more. It makes sense that these neighborhoods have these benefits, it’s easier to stay in shape when it is possible to work out in your own neighborhood. With growing concerns about obesity in families, being able to walk could be a fun, cost-effective way to get from point A to point B.

Jacksonville could increase their score by decreasing the distance between neighborhoods and grocery stores, restaurants, schools, parks, and public transit. The easiest way to do this would be to improve public transit. Public transit can be a cost effective alternative to commuting via car. However, many in Jacksonville feel that it’s hard to travel by bus because it doesn’t reach the areas in which they live. Increasing buses could be overly expensive, in a time when our city lacks funding. Perhaps a more cost effective alternative would be to improve sidewalks and create more walkways to make areas more pedestrian friendly. These changes would require minimal costs but could greatly improve the quality of life for Jacksonville residents. It would decrease the number of cars on our highways, which in turn would decrease traffic. Decreasing traffic decreases pollution, and could lead to an improvement in our air quality. Considering that Jacksonville’s air pollution is among the worst in the Florida, and Duval County was named the most polluted county in Florida, it is important that we begin the discussion about cost effective ways to improve.

-Sloane Tait, Legal Intern