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Trekking Through the Green Maze November 5, 2009 Stan Millan, LEED ® AP Sarah Brehm Jones Walker Green Law & Sustainability Team © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Trekking Through The Green Maze

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Information related to greenwashing and claims that products are green, sustainable, and environmentally friendly

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Page 1: Trekking Through The Green Maze

Trekking Through the Green MazeNovember 5, 2009

Stan Millan, LEED® APSarah Brehm

Jones Walker Green Law & Sustainability Team

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 2: Trekking Through The Green Maze

Presentation Overview

• Quiz (handout)

• General introduction

• Green is what or what not?

• Here’s What’s Green

• Here’s How to Procure It

• Conclusion and Q&A

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 3: Trekking Through The Green Maze

Quiz

• We will spend a few minutes taking a brief, 10-question quiz

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 4: Trekking Through The Green Maze

Introduction

• Florida State University reports that “green” was the most overused or misused word in 2008

• Consumers often confused by “green” labels and claims

• Historically poor government enforcement of false “green” advertising

• Consensus: national standards with third-party verification may be the way to go

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 5: Trekking Through The Green Maze

Greenwashing

• Defined: Misleading consumers regarding a company’s environmental practices or benefits of its product or service

• At Best: Marketing technique; no impact on environment

• At Worst: Bad for environment

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 6: Trekking Through The Green Maze

Five Types of Greenwashing

1. Mislead with words

2. Mislead with visuals/graphics

3. Mislead with claim that is vague or unprovable

4. Mislead with overstatement/exaggeration of product “greenness”

5. Mislead by omission

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 7: Trekking Through The Green Maze

Greenwashing Charges

• FTC charges against companies making false/unsubstantiated claims that their products were biodegradable: K-Mart, Tender Corporation, Dyna-E

• FTC charges against marketing claims of “miracle devices” for car mileage

• In the News: Target accused by public interest group Cornucopia Institute of false advertisement for selling Silk soymilk with “organic” on label; manufacturer does not use organic soybeans

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 8: Trekking Through The Green Maze

FTC Green Guides: Overview

• Require that any unqualified claims that a product is biodegradable be based on scientific evidence that it will completely decompose within a reasonably short period of time

• Typical product is disposed in landfill—not ideal spot for biodegradable materials

• FTC developed six tips to aid consumers in sorting through environmental claims

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 9: Trekking Through The Green Maze

FTC Green Guides: TIP ONE

• Issue: Environmental claim of “recycled” product or packaging

• Tip: “Recycled” products and packaging claims should detail percentage recycled, pre- or post-consumer content, and any refurbished or reused parts

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 10: Trekking Through The Green Maze

FTC Green Guides: TIP TWO

• Issue: Packaging or product claims to use less material than former version or competitor’s product

• Tip: Label should detail what has been reduced, by how much, and compared to what

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 11: Trekking Through The Green Maze

FTC Green Guides: TIP THREE

• Issue: Product claims to be “non-toxic”

• Tip: Manufacturer must have reason to believe that product will not pose significant risk to people or environment

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 12: Trekking Through The Green Maze

FTC Green Guides: TIP FOUR

• Issue: Vague or general claims such as “environmentally friendly”

• Tip: Such claims lack specifics and should not influence purchasing decisions without support of the claim

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 13: Trekking Through The Green Maze

FTC Green Guides: TIP FIVE

• Issue: Claims that a product is biodegradable

• Tip: Most material is biodegradable in landfills, but not immediately; many years are needed for decomposition

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 14: Trekking Through The Green Maze

FTC Green Guides: TIP SIX

• Issue: Claims that a product is “CFC*-free”

• Tip: Company must document that its products do not harm the atmosphere, either upper or ground level

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

*Chlorofluorocarbons are refrigerants which are greenhouse gases or upper stratospheric ozone eaters

Page 15: Trekking Through The Green Maze

FTC Green Guides: Status

• Most key players want revisions

• Key areas of concern:• Need to define “renewable” and

“sustainable”• Update “recycling” definitions• Seals and labels• Life-cycle assessments• Use of “environmentally friendly,”

“green,” etc.• Biodegradability

• FTC plans to conduct Green Marketing Consumer Perception Study of environmental marketing claims• Purpose is to determine what revisions, if

any, to make to guides to reflect changes in consumer perceptions of environmental claims

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 16: Trekking Through The Green Maze

FTC Green Guides: Enforcement History

• FTC brought 37 enforcement actions involving environmental marketing claims between 1990–2000

• Most claims were challenged on the basis that the company did not have sufficient substantiation for the claim it made

• No enforcement actions from 2000–2009

• In June 2008, FTC Commissioner Rosch stated there have been no recent enforcement actions because:• The industry has been abiding by the Green

Guides; and• Private enforcement under the Lanham Act and

self-regulation have developed into effective alternative enforcement mechanisms

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 17: Trekking Through The Green Maze

FTC Green Guides: Recent Enforcement

• FTC filed two enforcement actions this year• Kmart, Tender Corp., and Dyna-E

International• Complaint filed in June 2009• Disposable plates, moist wipes, and

compressed dry towels claimed to be biodegradable

• Sami Designs, CSE, and Pure Bamboo, LLC

• Complaint filed in August 2009• Claimed rayon clothing was from “100%

bamboo fibers”

• Some lumber companies have recently challenged the Forest Stewardship Council’s program before the FTC© 2009 Jones, Walker, Waechter, Poitevent,

Carrère & Denègre L.L.P.

Page 18: Trekking Through The Green Maze

Greenwashing: Your Legal Rights

• Some options available: fraud, redhibition, breach of contract (law suits)

• Majority of individuals would need to be joined in a class action

• OSHA requires manufacturers/importers to provide a product’s Material Safety Data Sheet—available to consumers upon request

• Ideal option: research green products and services beforehand to avoid resorting to legal rights

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 19: Trekking Through The Green Maze

Green is What or What Not?: Opportunities

• Are you searching for greener (more energy-efficient, natural, sustainable, etc.) products these days?

40.1

59.9

0

10

20

30

40

50

60

70

Per

cent No

Yes

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Source: eco.pulse 2009

Page 20: Trekking Through The Green Maze

• In which product categories are you searching for greener products?

75.365

55.346.945.8

31.822.7

3.5

0 20 40 60 80

Percent

Other

Clothing

Automobiles

Home ImprovementProductsAppliances

Personal Care Products

Food & Beverages

Home CleaningProducts

Green is What or What Not?: Opportunities

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Source: eco.pulse 2009

Page 21: Trekking Through The Green Maze

Green is What or What Not?: Challenges

• Consumers know less than you might think they do about how to “go green” and what constitutes green: Can a product be organic but not sustainable?

7.9

42.3

49.8

0

10

20

30

40

50

60

Per

cent No

YesDon't Know

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Source: eco.pulse 2009

Page 22: Trekking Through The Green Maze

Green is What or What Not?: Challenges

• Which is the best description to read on a label?

7.2

10.2

11.7

14.2

25.4

31.3

0 5 10 15 20 25 30 35

Percent

100% Natural

All Natural Ingredients

100% Organic

Certified OrganicIngredients

Bio-based Ingredients

Contains NaturalIngredients

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Source: eco.pulse 2009

Page 23: Trekking Through The Green Maze

Green is What or What Not?: Challenges

• Concern over chemicals compared to knowledge

67

0

10

20

30

40

50

60

70

80

Per

cent

of s

kinc

are

buye

rs

Very/ Somewhatconcerned aboutharmfulchemicals inskincare products

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Source: eco.pulse 2009

Page 24: Trekking Through The Green Maze

Green is What or What Not?: Challenges

• Concern over chemicals compared to knowledge

67

48

22

0

10

20

30

40

50

60

70

80

Per

cent

of s

kinc

are

buye

rs

Very/Somewhatconcerned about harmfulchemicals in skincareproducts

Identified Formaldehydeas potentially harmfulchemical sometimes foundin skin care

Identified Phthalates aspotentially harmfulchemical sometimes foundin skin care

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Source: eco.pulse 2009

Page 25: Trekking Through The Green Maze

Green is What or What Not?: Skepticism

• Why do companies that adopt environmentally friendly practices do so? Pick one.

25.3

21.7

18.5

18.2

9.5

6.8

46.6

37.9

31.5

29.1

18

12.9

0 10 20 30 40 50 60

To make theircompany look better

to the public

To appeal toenvironmentallyconscious buyers

Governmentregulation forces the

company to adopt

To reduce energycosts

To take advantage ofa popular trend

Because theirowners/ shareholders

care about the

Percent

2008

2009

A “check all that apply” methodology was used in 2008

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Source: eco.pulse 2009

Page 26: Trekking Through The Green Maze

Green is What or What Not?: Skepticism

• Many products are promoted as green. But how do you know that a product is green?

6.1

6.5

10.8

13.4

14.8

19.7

22

0 5 10 15 20 25

Percent

Don't know/ not sure

Says so on the package/ label

Read label/ ingredients

Environmentally safe/ friendly,doesn't hurt planetOther

Recycled/ made from recycledmaterials/ packaging is recyclableNatural/ organic/ nopreservatives/ no chemicals

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Source: eco.pulse 2009

Page 27: Trekking Through The Green Maze

Green is What or What Not?: Skepticism

• Which is the best source for green product certification or endorsement?

0.7

3.3

4.1

10.1

18.1

18.5

45.1

0 10 20 30 40 50

Percent

Don't know

Third party evaluators

U.S. government

Independent non-profits

Industry trade associations

Individual corporations

Other

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Source: eco.pulse 2009

Page 28: Trekking Through The Green Maze

Green is What or What Not?: Skepticism

• What would you do if the manufacturer of your favorite toilet paper received a government fine for failing emissions standards or polluting a nearby stream?

23.7

36.1

40.2

28.4

27.6

44.1

0 10 20 30 40 50

I'd likely continuebuying their

products

I'd stop buying theirproducts andencourage my

friends to do thesame

I'd likely stopbuying their

products

Percent

2008

2009

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Source: eco.pulse 2009

Page 29: Trekking Through The Green Maze

ISO 14021-1999: Overview

• Standard for Environmental Labels and Declarations—Self-Declared Environmental Claim

• Made by claimant, not certified by independent third party

• Potential for claims to be misused; ISO 14021-1999 provides guidance to level the playing field

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 30: Trekking Through The Green Maze

ISO 14021-1999: Commonly Misused Claims

• Recyclable• Recycled content• Reduced resource used• Recovered energy• Waste reduction• Reduced energy consumption• Reduced water consumption• Extended life product• Reusable and refillable• Designed for disassembly• Compostable• Degradable• Organic

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 31: Trekking Through The Green Maze

Environmental Claim Types

• Type 1: eco-labeling program; products meet set of pre-determined requirements; have environmental superiority; pass/fail system

• Type 2: self-declared claims; ISO 14021-1999 designed to guide

• Type 3: environmental product declaration; provide tool for implementing green purchasing network and for business-to-business transactions; not pass/failType 3 claims are more suitable for transactions involving raw materials, ancillary materials, and components between businesses and for consumer products

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 32: Trekking Through The Green Maze

Environmental Claim Types: Chart

Source: ISO 14021-1999© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 33: Trekking Through The Green Maze

Environmental Claim Types: Chart

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Source: ISO 14021-1999

Page 34: Trekking Through The Green Maze

UL Environment: Overview

• A part of Underwriters Laboratories Inc., a global leader with 115 years of experience in product standards development, testing, certification, and inspection

• UL Environment is UL’s new global environmental product testing, evaluation, and certification business

• Dedicated to supporting the growth and development of sustainable products, services, and organizations in the global marketplace with:• Independent assessment and validation of

environmental claims• Testing, evaluation, and certification of products

to sustainable product standards© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 35: Trekking Through The Green Maze

UL Environment: The Case for Standards

• Create common definitions and understanding about what makes a product green

• Provide a solid foundation for trust and confidence

• Forum to discuss and resolve conflicting definitions or interpretations

• Help avoid legal risk of greenwashing

• Done correctly, will encourage innovation

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 36: Trekking Through The Green Maze

UL Environment: Standard Development

• Keys to effective standard development:• Based on sound science• Look at product’s lifecycle environmental

impact• Broadly based on multiple factors/attributes• Developed with open and transparent

processes• Involve multiple stakeholders and

perspectives—manufacturers, retailers, regulators, users, NGOs, and consumers

• Recognize and reward investment, innovation, and excellence

• Provide a path to raise the bar over time to provide continuous improvement

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 37: Trekking Through The Green Maze

Green Seal Product Certification: Overview

• Science-based environmental certification standards that are credible, transparent, and essential

• Focus on environmentally-preferred products, purchasing, and operations

• Meets EPA’s criteria for third-party certifiers, requirements in ISO 1420 and 1424, and standards of global eco-labeling network

• U.S. member of 26-member eco-labeling world organization

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 38: Trekking Through The Green Maze

• Alternative fuel vehicles• Anti-corrosive paints• Cleaning services• Coded printing paper• Commercial adhesives• Compact fluorescent lamps• Degreasers• Electric chillers• Fleet vehicle maintenance• Food service packaging• Green procurement criteria• Green facilities operation and

maintenance criteria• Household cleaners• Industrial and institutional

cleaners• Industrial and institutional

floor care products• Industrial and institutional

hand cleaners• Lodging properties• Newsprint

Green Seal Product Certification: Categories

• Occupancy sensors• Paints• Paper products used in food

prep• Paper towels and paper

napkins• Photovoltaic modules• Powdered laundry bleach• Printing and writing paper• Recycled content latex paint

standard• Refined engine oil• Residential central air

conditioning systems• Residential central air source

heat pumps• Reusable utility bags• Split-ductless air source heat

pumps• Tissue paper• Watering hoses• Windows• Window films

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 39: Trekking Through The Green Maze

Green Seal Product Certification: Procedure

• Products evaluated using life-cycle approach; ensures all significant environmental impacts are considered, from raw materials extraction, to manufacturing, to disposal

• Main steps for standard development are public scope, public review of the standard, final stakeholder review, and issuance of final standard

• Applications for certification accepted then evaluated for compliance

• Once accepted, subject to annual monitoring

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 40: Trekking Through The Green Maze

Green Seal Product Certification: Standards

Here’s What’s Green

Source: US Green Building Council © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 41: Trekking Through The Green Maze

Green Label Program: Overview

• Established by Carpet and Rug Institute (CRI) to test for volatile organic compounds in cushions under carpets

• CRI and the American National Standards Institute (ANSI) have certified the green carpet program in US

• Two standards: Green Label and Green Label Plus

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 42: Trekking Through The Green Maze

Green Label Program: Standards

• Green Label• Basic compliance with standards

• Designed to help corporate manufacturers, installers, and end users identify and utilize low-emission cushions

• Green Label Plus • Enhancement of Green Label

• Cushions with very low emissions of volatile organic compounds improve indoor air quality

• Products undergo 14-day testing process: carpets tested for 13 chemicals, adhesives for 15

• Initial, quarterly, and annual testing

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 43: Trekking Through The Green Maze

MERV*: Overview

• Standard developed under ASHRAE** Standard 52.2 for air filters

• Measures overall efficiency of air filter

• Ratings range from 1–16; measurements in microns

• Higher ratings mean fewer dust particles and air contaminants pass through filter

• Common particles: pet dander, insecticide dust, smog, dust, viruses, wood, tobacco smoke, spores, bacteria, pollen

Here’s What’s Green

*Minimum Efficiency Reporting Value**American Society of Heating, Refrigerating, and

Air-Conditioning Engineers © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 44: Trekking Through The Green Maze

MERV: Explanation of Ratings

• 1–4: Most common filters for residential use; will not stop particles smaller than 10 microns

• 5–8: More common in commercial applications; filters collect particles as small as 3 microns

• 9–12: Used in commercial industrial applications; filters stop particles from 1–3 microns in size; must be cleaned and replaced

• 13–16: Used in hospitals; filters stop particles as small as 0.3 microns

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 45: Trekking Through The Green Maze

ACEEE Green Guide: Overview

• American Council for an Energy Efficient Economy set green cars standard

• Rating based on vehicle emission standard, fuel economy, fuel effects, CO2 emissions, and overall environmental impact

• Describes vehicles by five-tier class ranking:• Superior

• Above average

• Average

• Below average

• Inferior

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 46: Trekking Through The Green Maze

ACEEE Green Guide: Examples

• Toyota Prius

• Honda Civic Hybrid

• Toyota Yaris

• Honda FIT

• Ford Escape Hybrid

• Hyundai Sonata

• Subaru Outback Wagon

• Nissan Rogue

• Toyota Tacoma

• Ford Ranger

• Toyota Sienna

• Chevrolet Tahoe Hybrid C1500

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 47: Trekking Through The Green Maze

FSC: Overview

• Forest Stewardship Council encourages responsible management of world’s forests

• Landowners and companies that sell timber or forest products seeks certification to verify to consumers that they have practiced forestry consistent with FSC standards

• FSC enlists independent certification organizations that evaluate forest management activities and tracking of forest products

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 48: Trekking Through The Green Maze

FSC: Forest Landowners & Managers

• 12 FSC-accredited certifiers

• Certifiers enter contract with landowner/manager to asses forest management against FSC standard for region

• Summary reports made public after certification assessment is complete

• Contract duration is 5 years; 5-year audits supplemented by annual audtis

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 49: Trekking Through The Green Maze

FSC: Manufacturers

• Different form of certification: chain of custody certification process

• Inventory control system allows segregation and identification of products from FSC-certified forests

• Link between consumer preference and responsibility of forest management

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 50: Trekking Through The Green Maze

FSC: Example Notice to Suppliers

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 51: Trekking Through The Green Maze

Green-E Energy: Overview

• Voluntary certification program for renewable energy

• Certifies renewable energy that meets environmental and consumer protection standards developed in conjunction with leading environmental energy and policy organizations

• Requires sellers to disclose clear and useful information to potential consumers

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 52: Trekking Through The Green Maze

Green-E Energy: Types of Energy

• Energy comes from windmill, solar, and other generators built since 1997

• Produces little or no GHG emissions

• Three renewable energy certification options:• Renewable energy certificates (“green

tags”)

• Utility green pricing programs

• Competitive electricity products

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 53: Trekking Through The Green Maze

Green-E Energy: Standards

• Organizations must:• Meet Green-E standards

• Abide by code of conduct

• Engage in consumer disclosure requirements

• Undergo annual verification process audit

• Complete twice-yearly review of marketing materials

• Pay annual fee

• Companies can use logo, obtain customer confidence, etc.

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 54: Trekking Through The Green Maze

EnergyStar: Overview

• Government-backed program for businesses and individuals to protect environment through energy efficiency

• Label appears on appliances and home electronics that meet environmental efficiency criteria

• FTC requires labels on most home appliances but not home electronics

• Labels provide estimate of product’s energy consumption or efficiency, as well as highest/lowest energy consumption or efficiency estimates of similar appliance models

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 55: Trekking Through The Green Maze

EnergyStar: Appliances & Electronics

• Washers/Dryers

• Dishwashers

• Refrigerators/freezers

• Water heaters

• Room air conditioners

• Computers

• Home audio equipment

• Televisions

• DVD/VCR players

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 56: Trekking Through The Green Maze

EnergyStar: Dishwasher Example

• EnergyStar dishwasher uses 40% less energy than federal minimum standards

• Use less water; hot water energy cost savings over lifetime is about $90

Here’s What’s Green

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 57: Trekking Through The Green Maze

Green-Label Roadmap

• These 15 green-label programs are recognized as good benchmarks by experts and retailers such as Green Depot and Office Depot:

Here’s What’s Green

• Green Seal (www.greenseal.org)• Energy Star

(www.energystar.gov)• EPA Design for the

Environment (www.epa.gov/dfe)• WaterSense

(www.epa.gov/watersense)• Forest Stewardship Council

(www.fsc.org)• Scientific Certification

Systems (www.scscertified.com)• EcoLogo (www.ecologo.org)• Greenguard

(www.greenguard.org)

• Cradle to Cradle (www.c2ccertified.com)

• Electronic Product Environmental Assessment Tool (www.epeat.net)

• Global Organic Textile Standard (www.global-standard.org)

• Biodegradable Products Institute (www.bpiworld.org)

• FloorScore (www.rfci.com)• Totally Chlorine Free

(www.chlorinefreeproducts.org)• Carpet and Rug Institute's

Green Label/Green Label Plus (www.carpet-rug.org)

Source: Wall Street Journal Research © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 58: Trekking Through The Green Maze

Procurement: Sample Specifications

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 59: Trekking Through The Green Maze

Procurement

• Need to internally justify agency’s need for “green” products

• Otherwise can’t restrict competition

• Need to be specific on “green” requirements; can’t be ambiguous

• Avoid protests/claims

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 60: Trekking Through The Green Maze

Conclusion

• Financial incentives exist for energy efficient and green building

• Tax credits and other incentive programs, zoning preferences

• Studies show that green buildings encourage happier workforce, higher productivity

• Procurements for “green” products need to be specific and justified

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 61: Trekking Through The Green Maze

Question & Answer Session

© 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.

Page 62: Trekking Through The Green Maze

Contact Information

Stanley A. MillanSpecial Counsel, Jones Walker201 St. Charles AvenueNew Orleans, LA 70170-5100504.582.8328 tel504.589.8328 [email protected]

Sarah S. BrehmAssociate, Jones Walker8555 United Plaza BoulevardBaton Rouge, LA 70809225.248.2142 tel225.248.3142 [email protected]