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Climate Change – The Home
Building Industry’s Perspective
Duane Desiderio
Staff Vice President, Legal Affairs
National Association of Home Builders
January 31, 2008
Federal Perspective
• In the Courts…
– Massachusetts v. EPA
• In the Executive Branch…
– EPA denial of California’s Request to
Regulate GHG Emissions from Motor
Vehicles
• Arizona adopted standard Sept. 2006
– EPA to establish mandatory GHG reporting
by 2009 (Congressional directive)
• In Congress…
– HR 6, Energy Independence & Security Act
• Signed into law Dec. 19, 2007
– S 2191, America’s Climate Security Act
• Passed Senate Committee Dec. 5, 2007
States with GHG Emission
Reduction Targets
2000 levels by 2020
Arizona
California
Connecticut
Illinois
Massachusetts
Maine
Minnesota
New Hampshire
New Jersey
New Mexico
New York
Oregon
Rhode Island
Vermont
Washington
Pew Center on Global Climate Change
Regional Initiatives
Pew Center on Global Climate Change, www.pewclimate.org
Private Initiatives
• Chicago Climate Exchange
– http://www.chicagoclimateexchange.com/
• terra pass
– http://www.terrapass.com
• Carbonfund
– http://www.carbonfund.org
Green Indulgences
Chicago Climate Exchange Announces Results of Auction
Conducted at Request of the United States House of
Representatives as part of its “Greening the Capitol Initiative”
(Chicago – November 5, 2007) Chicago Climate Exchange® (CCX®), which launched
its greenhouse gas trading operations in 2003, today announced the results of its auction
of Carbon Financial Instrument (CFI) contracts conducted on behalf of the United
States House of Representatives at its request.
Value of U.S. House’s Carbon Offsets Is Murky
Some Question Effectiveness of $89,000 Purchase to Balance Out
Greenhouse Gas Emissions—Washington D.C., January 28, 2008
Lawsuits Filed in Federal Court
VT
Clean Air Act
Envt’l Review
RI
CT
DC
Nuisance
Negligence
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Environmental Review
• NEPA and “state NEPAs”
• Envt’l Review Litigation
– San Bernardino County
•California Environmental Quality Act (CEQA)
– Center for Biological Diversity v. NHTSA
•National Environmental Policy Act (NEPA)
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Measuring & Modeling
GHG Emissions
• Municipalities requiring builders to determine
GHG emissions for their projects
– Mass.: Envt’l Review
– King County, Wash.: Environmental Review
– Cal. AG: Consent Decree
• How is this done?
– We don’t know!
• Factors to consider
– Causation
– Proportionality
• Builder vs. Owner
– Old vs. New Housing
What should be measured?
Commercial 7%
Residential 6%
Agriculture 7%
Electricity
Generation 32%
Industry 20%
Transportation 28%
5 Sectors
6 Sectors
What should be measured?
• CO2 from Residential
– ~35% Direct Combustion
– ~65% Combustion for Electricity
• Energy Consumption
– 81.6% from Pre-1991 Homes
– 2.52% from 1991-2001 Homes
Homebuilders CO2 Responsibility?
30% Heating
11% Air Conditioning
12% Water Heating
Land Prep:
Remove
CO2 Sink
Construction:
Equipment &
Electricity
12% Lighting
Builder Fixtures:
HVAC
Some Lighting
Builder-supplied:
Refrigerator
Washer/Dryer
Dishwasher
Occupant Supplied:
TV; DVD
Lamps
Hair Dryer, etc.
VMTs
Personal Property
Real Property
2% Cooking
7% Refrigeration
4.5% Washer/Dryer
.5% Dishwasher
21% Remainder:
Appliances,
Electronics,
Etc.
Green Building
• What is it?
• Not just climate change
• Concerns
– Over regulation
– Liability
• Opportunities: NAHB’s Efforts
– NAHB Green Building Conference (since 1999)
– Model Green Home Building Guidelines (2005)
– In Development– First Ever NAHB/ANSI Green
Building Standard
Climate Change – The Home
Building Industry’s Perspective
Duane Desiderio
Staff Vice President, Legal Affairs
National Association of Home Builders
January 31, 2008