View of SitorSquat Application

How many of you have to “hold it” until you get home because you can’t find a bathroom or you refuse to use a public bathroom?  Personally, I am a “got to go girl.” After 4 kids I am ready for adult underpants.  Well, the Sit and Squat Mobile App and website is a dream come true for us frequent bathroom users and parents with small children.

This application is available all over the world through the website but is dependent on users to rate and add public restrooms to the site.

The only bad thing about this app is it is now only available for iPhones, iPads, and Blackberry users.  Obviously, andriod users don’t have to go the bathroom. (See But the website said they are working on an app for the Droid.  Wouldn’t you know it? I have a Droid!)

Never fear, you can text the word, “sitorsquat” to DOTCOM (328266) and follow the instructions to find the closest public restroom.  Whew.  That’s a relief.

An Example of a SitorSquat Toilet Description

Before You Say Ewww.

People rate the toliets (sometimes) and list the hours of operation.  The maps contain different color toilet icons.

• Green means it is open.
• Red means the bathroom is closed at the time of day you are searching
• Yellow/Orange means the application isn’t sure of the hours of operation.
• Blue means you click a particular toilet.  It changes back to one of the above colors.

Should I Squat or Sit?

Disclaimer About Squatting

Social Share Your Toilet Comment

How Can Businesses Team with the Squat Team?

Other Apps:

Join the Conversation

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Toyota Prius Plug-in

While attending the International Auto Show, I made a bee-line to Toyota to view their new roomier Prius.  When I got to their booth, my eyes quickly shifted to the Company’s eye candy Hydrogen Fuel Cell Car. Sexy, Sleek and boosting impressive gas-less miles without the “electric plug-in anxiety.”

I was smitten. 

I highly encourage you to listen to my interview with  Jana Hartline, the Environmental Communication Manager for Toyota Motor Sales about their 2013 line-up.  (It is 11 minutes.)   Bear in mind, I remain cool through the interview but couldn’t wait to talk about the hydrogen fuel cell. Talk about a school girl’s crush.

What’s New in the Prius Family?

Toyota Prius v

Well, Mama Prius gave birth to the new Prius v.  (Did you get the announcement?)  The “v” stands for versatility.  This car has the same cargo capicity of a small SUV and achieves 42 miles to the gallon.  Plus, it has tons of cargo space as well as more back seat leg room than the regular Prius.  What family wouldn’t love that?

Personally, the “v” reminded me of a stretched out Prius.  The look was not very stylish.  Personally, I don’t see it appealing to the SUV loving crowd.  It sits low like a car rather than your normal SUV.  However, Prius has their loyal following and that’s all that matters.

Prius on Steroids

The next baby brother in the Prius family is the Prius Plug-in, which Jana lovingly called the “Prius on Steroids.”  (The car is pictured above.) This car provides a longer electric range than the original Prius but also features the convenience of the hybrid technology.  This newbie can be plugged into a regular outlet and be all charged up in three hours.  Note, You can charge the car in 1.5 hours using a 220 volt system.

Prius C: Compact for the City Folks

Toyota Prius c

The Prius c is a more compact, youthful looking car for city folks. Toyota’s goal is is to lure the younger crowd with this sportier version.  Don’t you just love its orange color?

Here Comes the Hydrogen Fuel Cells

Toyota Hydrogen Fuel Cell

In 2015, Toyota will bring to market their sedan Fuel Cell Hybrid car.  Its platform is based upon the Highlander mid-size sport utility vehicle.  The car achieves an average of  350-400 miles on a single tank.  According to Jana, this works out to an average of 65 miles/kg per gallon fuel economy.  The tank holds 6 kilograms of hydrogen.

Then I raised my hand to ask a question?  Where can you refuel? The California Hydrogen Project is further developing  the infrastructure in California to support the project.

Price point?  Jana stated the target price is $50,000.

Join the Conversation:

• Thoughts about the fuel cell technology?
• How do you feel about the look of the Prius v
• If you have shied away from Prius in the past due to its look, would you consider the Prius c?
• Do you own a Prius?  Do you like driving it?  How about the maintenance?  Would you trade it in for a Prius plug-in?

Photos courtesy of Toyota

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Could MSG Be Lurking in Your Doritos & Soup?

Innocently, I started writing an article about using old chicken bones to make chicken stock to avoid sodium, BPA, and MSG.  The more I delved into the the MSG subject, it became apparent how evasive MSG has become in our food.  The more I researched the angrier I got.  I too, “Ms. health Nut,” had been duped.  Simply looking for MSG as an ingredient wasn’t enough.  Worse yet, MSG can lead to obesity.

I have Been Duped to Believe I am Eating MSG Free

Maybe you are like me.

• You tell restaurants no MSG when they prepare your food.
• You read labels and look for the words, monosodium glutamate or MSG.
• When you see the words, “no MSG added”  you feel rest assured you are safe.

Why is MSG added to Food?

MSG is “the sodium salt of the naturally occurring glutamic acid.”   In my opinion, Monosodium glutamate is the new salt. Like salt, it enhances food’s taste.  However, using MSG won’t increase your sodium levels.   So, yes be forwarned about what is in your low sodium products.

How does glutamate make food taste good?  According to a 2009 study conducted by Edmund Rolls, he concluded that glutamate makes food taste better due to its interaction with our brains.  The study revealed:

“Glutamate is thus a flavor enhancer because of the way that it can combine supralinearly with consonant odors in cortical areas in which the taste and olfactory pathways converge far beyond the receptors. Cognitive and attentional modulation of the orbitofrontal cortex also contributes to the pleasantness and appetitive value of umami.”

Brain trickery for lousy food.

Common Names for MSG

In the US, the FDA only requires food companies to list added Monosodium glutamate to their ingredient labels.   Some of its alias names according to the Australia’s government agency, NSW Food Authority, are:

•  L -glutamic acid
•  Monosodium glutamate, L-
• Monopotassium glutamate, L-
•  Calcium glutamate, Di-L-
•  Monoammonium glutamate, L-
•  Magnesium glutamate, Di-L-
• Disodium guanylate, 5’-
•  Disodium inosinate, 5’-
•  Disodium ribonucleotides, 5’-

Note, the Australia New Zealand Food Standards Code, Standard 1.2.4 — Labelling of Ingredients requires manufactures to list MSG or flavor enhancer  by either the name above or a numerical number assigned to the chemical.  See here for the list.

I don’t know about you but that is whole lot of names to remember. By the way, there will be a quiz after this article to see how many names you can remember.

Hidden MSG-What They Don’t Tell You Won’t Hurt You

Okay, I thought I was out of the woods.  All I had to do was remember all of the Monosodium glutamate’s aliases and I was good to go.  As I continued researching, I found out that  free glutamate is added to our food.  Here is the rub.  It is hidden.

Free glutamate?  You have got to kidding.  Just put a stake in my heart now.  It is just so much easier.

 What the Heck is Free Glutamate, Anna?

Glutamates are naturally occurring in certain food such as Ripe peas, mushrooms, peas, Parmesan cheese, and corn.  However, the glutamates found in these products are bound amino acids.

On the other hand, chemically synthezied glutamates are created from foods such as corn, molasses and wheat.  These foods “are hydrolyzed, autolyzed, modified or fermented using chemicals, bacteria or enzymes” to create glutamates.  Yes, living better through chemistry.  (Or maybe eating better through chemistry.)

So Wouldn’t all Natural and Chemical Glutamates be Harmful?

Dr. Russell Blaylock, a board-certified neurosurgeon and author of “Excitotoxins: The Taste that Kills,” explains in  an interview with Natural News  the difference between naturally occurring glutamates in food such as tomatoes and chemically synthesized glutamates.  Although the quote is lengthy, it really sums up the harm of chemically synthesized glutamates.  He states:

“However, when you hydrolize them, this is when glutamate becomes danagerous.  Sure, but you see, all of these types of glutamate are bound. They’re in oligosaccharides, polysaccharides. They are bound in amino acids groupings. They’re not free amino acids. If you have it as a complex protein, you absorb it in your GI tract. In the GI tract, there are almost no free amino acids if you eat foods such as tomatoes. The level of free amino acids is nil; it’s almost all absorbed as combined amino acids, and then it’s only broken down in the liver, where it’s released in very low concentrations that the body can deal with. It was never meant to have free amino acids in such high concentrations.

Well, when you hydrolyze them — or you use yeast extract or enzymes to break down these various proteins into their free, released amino acids — they’re not natural any longer. What you’ve done is artificially release the amino acids in an unnatural way, and when they enter your GI tract, they are absorbed as free amino acids, then your blood level of that glutamic acid goes up significantly. As I said, it can go up as high as 20-fold, in some cases 40-fold. Your blood brain barrier is not constructed to handle such high levels of glutamate, because it doesn’t naturally occur that way. It can handle the lower levels, but it can’t handle these very high levels. So this argument, “Oh, it’s natural,” is just a lot of nonsense.”

Hidden MSG.  Link to Obesity?

Why do we care about MSG?  In a 2008 study, researchers from the University of North Carolina at Chapel Hill, Northwestern University, Guangxi Medical University, and Yu County Hospital found that there was a link to obesity and the consumption of MSG.

“MSG intake was significantly related to prevalence of overweight. This study is of public health interest because MSG is increasingly used worldwide. This study also provides the first human data on this issue and raises a concern about MSG use and body weight in addition to allergenic effects.”

Other Effects of MSG

Although the effects of MSG are highly debatable in the medical community, there are several articles and books that indicate additional effects of the use of MSG.  Livestrong’s article reports that a diet high in MSG may cause stomach cancer.  Discovery’s Fit and Health article reports a study linking MSG to damage of the retina.  In addition, some people have reported headaches, chest pain, nausea, and other symptoms.  Son #2 has migraines once in a while. I think they were induced by MSG.

So why Isn’t Free Glutamates Required to be on the Label?

As noted above, the FDA requires that if MSG is added to the food, it must be included in the label.  However, the FDA defines “natural flavoring” as

“(3) The term natural flavor or natural flavoring means the essential oil, oleoresin, essence or extractive, protein hydrolysate, distillate, or any product of roasting, heating or enzymolysis, which contains the flavoring constituents derived from a spice, fruit or fruit juice, vegetable or vegetable juice, edible yeast, herb, bark, bud, root, leaf or similar plant material, meat, seafood, poultry, eggs, dairy products, or fermentation products thereof, whose significant function in food is flavoring rather than nutritional. Natural flavors include the natural essence or extractives obtained from plants listed in 182.10, 182.20, 182.40, and 182.50 and part 184 of this chapter, and the substances listed in 172.510 of this chapter.” [Source.]

The words, “protein hydrosalate” threw up a red flag. According to the FDA, protein hydrosalate contain 5 to 20% free glumate, and are used in the same manner as MSG in canned vegetables,  soups, and meat.  (Note, the FDA resource is a PDF attachment to SustainableTable.org since it is no longer on the FDA’s site.)

So, I got a little suspicious.  Do you blame me? I am not the only one.

Truth in Labeling Campaign, a not for profit organization, indicates that hidden MSG is in many other ingredients.  They state,

“Even if a manufacturer tells you there is no MSG in a product, there may be autolyzed yeast, hydrolyzed pea protein, carrageenan, sodium caseinate, enzymes, and a whole slew of other ingredients that contain or create processed free glutamic acid (MSG) during manufacture.” [Source.]

Just to give you an idea how deceptive labels can be check out Truth in Labeling list of soups which shows you where there is hidden MSG. (Check out the organic ones too on the list.) Don’t think you are out of the woods simply because you buy organic products.

List for Hidden MSG

Living Without, a magazine for people with allergies and food sensitives lists the following ingredients that have MSG in them:

These ALWAYS contain MSG These very OFTEN contain MSG

These ALWAYS contain MSG

Autolyzed yeast

Calcium caseinate

Gelatin

Glutamate

Glutamic acid

Hydrolyzed protein

Monopotassium glutamate

Monosodium glutamate

Sodium caseinate

Textured protein

Yeast extract

Yeast food

Yeast Nutrient

These very OFTEN contain MSG

Barley Malt

Calcium caseinate Bouillon

Gelatin Broth

Glutamate Carrageenan

Glutamic acid Enzyme-modified substances

Hydrolyzed protein Flavoring

Monopotassium glutamate Flavors

Monosodium glutamate Malt Extract

Sodium caseinate Malt flavoring

Textured protein Maltodextrin

Yeast extract Natural flavor/flavorings

Yeast food Natural pork/beef/chicken flavoring

Yeast Nutrient Pectin

Protein-fortified substances

Seasonings

Soy protein

Soy protein isolate or concentrate

Soy sauce

Soy sauce extract

Stock

Vegetable gum

Whey protein

Whey protein isolate or concentrate

When I originally read the list, I am surprised my family couldn’t hear me say “holy sh*t.” I had been eating a mound of MSG.   If you want a printable chart, see this chart linked to one of the Healthy Home Economist’s posts.

Health Food Claims

Think You Are Out of MSG Woods With Health Foods? Think again.

Many health foods contain hidden MSG.  Natural News reported about the MSG contained in veggie burgers.  Many contained autolyzed yeast extract,  hydrolyzed vegetable protein, and yeast extract.  All those names are on the list above.

Rule of thumb.  Print the form above.  Check the labels.

So, now I understand why my sons tell me that food at a restaurant tastes so good.  Their taste buds are accustomed to MSG, the hidden enhancer.

Join the Conversation:

• Do you avoid Monosodium glutamate?
• Which health food do you avoid?
• Were you as shocked as I was about the prevalence of MSG in our food?
• How does your country handle the MSG labeling issue?
• Add to the conversation.

Photo by BC’s Mom (soup)

Photo by Peter Woodman (Veggie Burger.)

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What Do You Do With Your Old Panty Hose?

Green Talk is getting a lot of interest from Jezebel’s article. “I Sold My Panties Online and My Mom Found Out.”  I swear I never wrote an underwear recycling article, although it would be interesting.  It took awhile for me to figure out why everyone was coming to the site from the Panty article.  So, if you are reading this article, you are looking for How to reuse your old panty hose article.

Check out the link above directing you to the right page and leave a comment on how you reuse your panty hose.  While you are here check out all my reuse articles.

Photo by Fidelio

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One of ioby's local green projects

Erin Barnes is a green gal next door.  What is a green gal, you might ask?  She is someone who is simply an ordinary woman who is creating much needed change in the world.  This green gal rolled up her sleeves and set out to change the world one block at a time.   How so?  Barnes is the co- founder and executive director of ioby, a local fundraising platform where local projects are funded by neighbors.  But it isn’t just about the project. It is about bringing neighbors together.

Ioby stands for “in our backyard ”  currently based in NYC.  However, if  Barnes has her way, the concept will go national.  If you listen to Barnes during her 6 minute video interview, you have no doubt that ioby projects will start sprouting up all over the country.  (Listen to the podcast by clicking here.)

Why ioby?

Barnes stated,

“[w]e know people care about the environment, but their most prominent option is to purchase something. Buying a table or a new light bulb leaves a lot of people thinking, ‘Now what?’ They are hungry to get their hands dirty,” says Barnes.

Erin Barnes, co-founder and Exec Director of ioby

Partners Cassie Flynn, Brandon Whitney, and Barnes who met in Yale School of Forestry & Environmental Studies  saw the need for local impact in changing the world.  Hence, ioby was born as a place where local funders and people who seek change in their neighborhood meet.

 ” ioby connects change with resources. It enables all of us to invest in change—then see (and live with) the return on our investment. These pages aren’t glamorous. There are no celebrities, no large-scale protests. There are everyday neighbors taking small steps—bringing sunlight, open space, fresh food and greenery into our backyards.”

Although there are matching funds donations, the majority of the projects are funded by local $10 and $20 donations.  Thus far, the Company has brought together funders and 86 projects  in which $132,000 was raised. The average donor lives two miles from the projects.

If you or your company wishes to donate, pick a project here.

How Does ioby work?

Compost Station. One of ioby's funded projects

Have a project?  First check out to see if you meet the Companies’ criteria. Then post your idea. ioby adds 8% to the budget for administrative costs such as credit card fees and postage.  Then the fun begins for project teams to solicit funds.  The beauty of the projects is that it brings neighbors together whether funding or getting their hands dirty.

Learn more about their 2011 heroes here.  Listed below are a few examples:

“In 2009, Stacey and Bee wanted to start a decentralized project where underutilized snippets of backyards, rooftops, community gardens, school grounds, and other open space could be converted into places for food production. With Molly and Martha they produce vegetables, eggs, flowers and new farmers and chicken apprentices!” (pictured above.)

And

“In the 1970’s the Bronx burned.  In the 1980’s the Bronx became the birthplace of break dance, rap and hip-hop.  In 1996 Troy Lancaster arrived to take out the trash.  If you know Troy you know that chatting for a while and getting trees are just some of his many special talents.  With a big empty lot cleaned and tree planted, the birds started to arrive.  Troy worked with neighborhood and planted more trees, plants and flowers.  More migrating birds flew by.  Each year the Dred Scott Bird Sanctuary uses approximately 900 lbs of bird seed to help and encourage the migrating flocks while educating neighborhood residents.  Troy is currently looking for donations for his ioby project.”

Take Aways:

I asked Barnes what advice could she give to others.  She said ask  for help when forming your organization.  The NY environmental community was extremely collaborative.  After I learned what Barnes did, I replied via email that it must feel amazing to get up in the morning.   And she replied that she has a good life.  Yes, she created it not only for her but others.

Join the Conversation:

• How do you feel about ioby?  Do you see a need in your neighborhood?
• What’s your take away about what Barnes accomplished
• Does she inspire you?
•  What characteristics inspire you?

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Inspiration

Over the years as I penned Green Talk, I have met the most inspiring  people who have used their life story to create a business or mission to help others. You know the ones that make your neck hair stand up when you talk about them?  They might be your neighbor, friend or relative.  We all have them in our lives.  And the Earth is a better place because of them.  Amen.

In the last year, a voice inside started to bug me.  It would whisper to me, “Anna, tell their stories.”

I would then push that voice aside since I had enough work on Green Talk to last me for two lifetimes.  Who has time?  By the way, whose stories?  Do I need meds?  Am I working too hard that I am hearing voices?  If they take me the sanitarium, will it be green?  That’s the last thing I need to do.  Green a sanitarium while being in an organic straight jacket. Voice, get a life.

http://youtu.be/sHTsQ9qePrQ

Again, the voice started getting louder.  ”If you build it, people will come.“

Wait a minute.  Voice, are you James Earl Jones?  Is this baseball movie? Isn’t the phrase, “if you build it, he will come?”   I hate baseball.  Sorry to all of you who love it.  It is simply boring. Voice, I don’t get your message.

Voice thinks.  Boy, she is dumber than a recycled content door knob.  Sometimes, she is such a squirrel.  Who cares if she hates baseball?

A few Months Pass and Then

A few months later, Voice keeps getting louder and louder.  Sometimes I can’t drown it out.  I am starting to think the meds idea is a really good one.

The voice:  ”Why did you start Green Talk?  To inspire?  Create Community?  To and be educated?”

Okay voice.  Yes. Yes, and HELL YES.  (For those of you who don’t know me, read my about page.)

Then the voice would say “tell their stories.”

Whose stories?  Crap.  I thought this is what I do on Green Talk.  Am I totally missing the boat here? I tell the stories of companies, products, and people.  I am a regular storyteller for crying out loud.  Please leave me alone, Voice.  I am too busy.

The Voice would just sign.  A heavy sign and think, she ain’t getting it.  Where is the 2 by 4 piece of lumber when you need it?

Voice, What Do You Want From Me?

Okay, Voice what do you want from me? You are driving me crazy. I don’t need you do this. I have four cavemen.  They drive me plenty crazy.   And let’s not forget the hubby.

Plus, I am working my fingers off at Green Talk.  The lone She wolf.  Sometimes, I think no one is listening. There is crickets around my comments despite my increase in internet traffic. I get defeated, hurt, and angry all at the same time.  I wonder why am I wasting my time probably once a month.  (Okay, maybe like twice a month…)

So what do you want from me, Voice.  Now I know how Brittany Spears feels. Voice wants a piece of me.

Do What You Do Best

Then the Voice says, “do what you do best.  Storytell and inspire.”

Then I got it. I don’t know how, but  I really did. The LED went off in my head. (Nice color too.)  What did I get?  I decided to create a series about women who inspire me.  Women who are our neighbors.  Not women who are television stars or are repeatedly in the paper.  Good old,  ”stop yapping about it and do something about it women.”  You know who they are.

The Green Gal Next Door.  She is ordinarily extraordinary.

She is so damn inspiring.  She decide to Go Big and NOT Go Home.

My Hope?

My hope with this series?

• To inspire you. Not just women.  Inspire you to live your dream. Heck, if they can do it, so can you. Being green means so much more than building a green house.  It means to live simpler, healthier, fulfilled and being kinder to Earth.
• Give you hope that we will be okay.  These women are forging ahead to make life better for all of us.
• Support their organization to help them build that field of dreams.  (Love that movie.  Okay, truth be told, I love Kevin Costner, but don’t tell hubby.)
• Make a difference.  It is the simple changes that count.  Start small.  One step at a time.
• We are all in this together.

Could I use Some Help?

I hate asking for help.  I am afraid of hearing the word, no.  Here’s where I need help:

Video work is hard work.  I see this series having a life of its own.  Please consider the following:

• Please give me feedback about the Green Jane Next Door videos.  I am keeping them to 5 minute which for a rambler like me is soooo hard.
• Consider sponsoring the series or asking your business sponsor the series so I can make the series more polished.
• If you feel inclined, please donate through the PayPal button on the side bar.
• Give me names of women who are healing the Earth in some way. I am trying to focus on not for profit companies or individual woman.
• As for businesses, I haven’t figured this part yet.  I walk a fine line at Green Talk about supporting it and not doing a pay for play option.  However, like your business, I need to support Green Talk.  Again, any of you who have a suggestion about how to deal with businesses, I am all ears.  There are some great women entrepreneurs I would like to feature.  Want to tell me privately, please contact me through my form.

Photo by SweetOnVeg

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2013 Ford Fusion

A week ago, I witnessed the unveiling of the newly designed Ford Fusion as a guest of Ford. My highlight of the unveiling was my indepth conversation with  Samantha Hoyt, Fusion Marketing Manager about the newly re-designed Fusion.  Listen to the podcast.

So, you don’t think this is a commercial for the Fusion, I test drove this car last year when my 2005 Sienna lost its transmission and gave it high marks.   (Heck, I drove about 10 cars last summer, but luckily my Sienna was fixed.)

When I previously drove the car,  I remarked that the trunk was in my line of vision.  Although the car has rear sensors, I am an old time driver and like to look over my shoulder.  (Teaching an old dog new trick.  Not going to happen.)  My close friend has an all wheel drive Fusion, and absolutely adores it.  There is also a hybrid model as well.

So Why Do I Love a Fusion?

The 2013 Ford Fusion is a medium size sedan that is fuel efficient, comfortable, and affordable.  Even though the old Fusion was pretty darn good, Ford decided to give it a make-over.  Inside and out according to Hoyt.

In addition, Ford expanded its med-size car platform to include the gas fueled Fusion (1.6 and 2 liter eco boost engines) the Fusion Hybrid, and Fusion Energi, the plug-in electric/hybrid.  In Europe and Asia Pacific, the Company will be introducing the Mondeo.

I urge you to listen to the 10 minute podcast.  Hoyt explains all the great features on the car.  Just in case you want a short synopsis, listed below are some interesting tidbits.

Interest tidbits:

• The hybrid gets 47 mph in the city.  44 mpg on the highway.  (Getting pretty darn close to the Prius.)
• Hybrid seat completely fold down for added trunk space.  The seats do not fold down on the Energi Fusion. Great for us gardening gals to haul big plants.   (Note, both seats don’t ordinarily fold down in other hybrid cars I looked at.)
• The Fusion Energi has a ”500-mile overall driving range.”  It can be plugged into a regular outlet. Hoyt explained the electric portion is 100 miles.
• Available voice-activated SYNC®27.  Hoyt says it is the most widely used car in-connectivity  system in the world.
• Lane Keeping System:  Gently steers you back into your lane if you get a little drowsy.  (Or not pay attention since you are breaking up a fight between the cavemen.)
• Adaptive Cruise Control:  Keeps you a certain distance from the other cars.  Boy, can my teenage cavemen use this.  Wait, so can the heavy footed hubby.
• Blind Spot Information System: helping you back out of tight spots.  (Okay, good for us not the best drivers.  I will admit it.  Driving is not my forte.)

Interior Green Facts:

Some of the green highlights, Hoyt explained:

 What About Range Anxiety?

I learned a  new buzz word at the Auto Show.  ”Range Anxiety.” (This is not to be confused with road rage or hyperventilating.)  It means anxiety of depleting the electrical battery while driving an electric car.   Hoyt explains their Ford Energi has a range of 100 miles on full electric.  Thereafter, the car switches to gas hybrid  with a total range of 500 miles.  Sign me up!

What about the Trunk?

Hoyt explains they did in fact re-looked at the trunk issue and readjusted the seat.  However, despite their efforts, some us might still have a problem.   At least, there is the back-up cameras.

Join the Conversation:

• Would you consider buying a Ford Fusion and if so, which one of the cars?
• Would you consider buying the electric/hybrid?
• Do you already own a Ford Fusion and what are your thoughts about its maintenance or performance?
• What your thoughts about Ford lately?

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Could LEED Litigation be Happening Here?

Welcome guest poster, David Scott, Esquire.  I asked David to write a post about why there hasn’t been much LEED litigation.  As a fellow lawyer and LEED AP, I anticipated a slew of lawsuits.    However, like David, I am still waiting.  Here is David’s response:

At one point in the immortal comedy Caddyshack, the character Judge Smails looks to the protagonist Danny Noonan and expectantly beseeches “Well … we’re waiting!” The same sentiment could characterize the feelings of many in the legal community about green building litigation (also referred to by the painfully clever portmanteau “LEEDigation”).

 Where is LEEDigation?

Notwithstanding many breathless proclamations that the rise of green building will coincide with the rise of green building disputes, the litigation storm has yet to hit. Of course there have been a smattering of cases involving LEED projects. In the ubiquitously-cited Shaw Development v. Southern Builders, the project team members found themselves on the business end of a lawsuit after the owner lost a tax incentive due to the project’s failed to timely secure LEED certification.

There have also been a few other cases involving bid protests, zoning amendment approvals, variance decisions, property tax appeals, antitrust allegations, and federal preemption claims related to green building codes. But most disputes simply involve traditional legal issues that just happen to arise on green building projects, as opposed to the dispute being causally related to the green nature of the project.

There is a compelling rationale behind the alarmism. LEED and other green building rating systems are new, different, and change the way things have “always been done,” and that’s typically a breeding ground for conflict. So why isn’t it lawsuit Armageddon? Different theories abound.

The AIA and ConsensusDOCS now offer model green contracts that can help more clearly define the parties’ rights and obligations. Growth in the market for sustainable materials means fewer shortages (or complete lack of availability) of low-VOC paint, flooring, and other LEED-compatible products that could cause scheduling hiccups.

From this litigator’s perspective, most disputes are caused by lack of communication, so maybe the essence of collaborative design lends itself to resolution of disputes before they take on a life of their own.

Whatever the reason, it’s still not open LEEDigation season.  Got your own thoughts or perspectives on green building disputes, or the lack thereof? Share a comment and we can talk it out.

Anna, here.  David, I have one more question.

What About Green Building Product Litigation?

To continue the conversation, I asked David with everyone jumping on the green bandwagon, what about products that fail to live up to their claims?  He responded as follows:

“Although I haven’t seen any product-related suits specifically related to energy promises, the first-ever LEED Platinum building was the subject of a lawsuit just last year.  The Chesapeake Bay Foundation (owner) desired that the wood beams for the project not be treated with arsenic or other chemicals that could leach into the bay.  An affiliate of Weyerhaeuser supplied certain wood members used in the building, which the architect specified would be exposed to the elements.

Subsequent inspections revealed that the exposed beams were rotting, prompting a lawsuit by the Foundation against all involved.  I’m unable to determine the current status of the lawsuit because the Circuit Court’s records for the case are not available online and I have not seen any news or commentary since the initial reports of the suit.  Some have opined that this case is more about a manufacturer or supplier providing faulty materials than it is about green building.  I think that could be argued both ways.”

For a good commentary about the suit,  see here.

Greenwashing  with Claims of Products Being LEED Certified:

David brought up another point that irks me to no end.  He stated,

“[t]here have also been some claims related to greenwashing and/or products that hold themselves out as ‘LEED certified,’ which of course is a falsehood because products cannot be LEED certified.”

You can’t imagine how many times I have explained to companies you can’t put on your website that your products are LEED certified.

Guest Poster Information:

David Scott

David Scott helps companies resolve business disputes (green or otherwise). One of the only attorneys in the country to be a LEED AP and a Million Dollar Advocate, David is the co-founder and editor of Ohio Green Building Law.

Join the Conversation:

• Why do you think there hasn’t been much litigation?
• In the LEED process, where do you think there would be litigation?
• What advice would you give clients who are thinking about getting their building certified?
• What advice would you give manufacturers who tout their energy efficient products?

Photo by Bose d’Anjou’

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