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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…

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Climate change the home building industry s perspective

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
Federal Perspective 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
States with GHG Emission Reduction Targets Perspective

2000 levels by 2020

Pew Center on Global Climate Change


Regional initiatives
Regional Initiatives Perspective

  • Arizona

  • Western Climate Initiative

  • Western Governors Association

Pew Center on Global Climate Change, www.pewclimate.org


Private initiatives
Private Initiatives Perspective

  • Chicago Climate Exchange

    • http://www.chicagoclimateexchange.com/

  • terra pass

    • http://www.terrapass.com

  • Carbonfund

    • http://www.carbonfund.org


Green indulgences
Green Indulgences Perspective

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
Lawsuits Filed in Federal Court Perspective

VT

  • Clean Air Act

  • Envt’l Review

  • Nuisance

  • Negligence

RI

CT

DC

7


Environmental review
Environmental Review Perspective

  • 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)

8


Measuring modeling ghg emissions
Measuring & Modeling PerspectiveGHG 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
What should be measured? Perspective

Commercial 7%

Residential 6%

Agriculture 7%

Electricity

Generation 32%

Industry 20%

Transportation 28%

6 Sectors

5 Sectors


What should be measured1
What should be measured? Perspective

  • 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 co 2 responsibility
Homebuilders CO Perspective2 Responsibility?

30% Heating

11% Air Conditioning

12% Water Heating

12% Lighting

Land Prep:

Remove CO2 Sink

VMTs

Construction:

Equipment &

Electricity

Builder Fixtures:

HVAC

Some Lighting

Builder-supplied:

Refrigerator

Washer/Dryer

Dishwasher

Occupant Supplied:

TV; DVD

Lamps

Hair Dryer, etc.

Personal Property

Real Property

21% Remainder:

Appliances,

Electronics,

Etc.

2% Cooking

7% Refrigeration

4.5% Washer/Dryer

.5% Dishwasher


Green building
Green Building Perspective

  • 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 perspective1

Climate Change – The Home Building Industry’s Perspective

Duane Desiderio

Staff Vice President, Legal Affairs

National Association of Home Builders

January 31, 2008


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