Compliance and Litigation Risks of Green Claims

November 1, 2010
Todd D. Kantorczyk
Association of Corporate Counsel's "Green-house Counsel"

Many businesses have worked to capitalize on "green marketing" trends. The real estate industry has joined this wave by, among other things, offering "green" leases or mortgages, or touting a certification awarded to a property under the U.S. Green Building Council'’s Leadership in Energy and Environmental Design ("LEED") Green Building Rating System. Two recent developments, however, have placed increased scrutiny on these green marketing efforts and raised the possibility of compliance and/or litigation risks for unsupported environmental claims, which in turn will likely require in-house counsel to become more involved in their clients’ green marketing plans.

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