Sustainable Buildings in Lawmaking: United States, Germany, and The Netherlands in Comparison

• Author: Nathalie N. Vergoulias
• Position: The University of Florida, Fredric G. Levin College of Law
• Pages: 775-801

e Indonesian Journal of International & Comparative Law

ISSN: 2338-7602; E-ISSN: 2338-770X

http://www.ijil.org

© 2015 e Institute for Migrant Rights Press

775

Sustainable Building

Policy and Lawmaking

United States, GERMANY, AND THE

NETHERLANDS IN COMPARISON

natHalie n. Vergoulias

e University of Florida, Fredric G. Levin College of Law

E-mail: nverg001@u.edu

is article provides a comparative analysis of sustainable building policy

and lawmaking in the United States, Germany, and the Netherlands. It is

important to examine and analyze the approaches utilized by three developed

countries advanced in the area of sustainable building initiatives, as the world’s

environmental degradation is largely attributed to the building industry. e

purpose of this comparative analysis is to review the country characteristics

alongside the approaches taken to advance sustainable building practices to

identify components other nations may use to commence or improve their

contribution to the built environment. First, a review of frequently used

terms will be oered to orient the reader with sustainable building industry

terminology. Next, the sustainable building initiatives of the United States

are presented in four parts: (1) the role of the federal government, (2) the

role of the state and local government, (3) the role of private entities, and (4)

preemption. A review of the sustainable building initiatives of two member

states of the European Union (EU) will include Germany and the Netherlands.

A comparative analysis of the sustainable building processes of the United

States, Germany, and the Netherlands will be discussed collectively. Finally,

the author will oer insight with regard to the challenges encountered by

the countries discussed as well as possible solutions to achieving increased

sustainable building practices.

Keywords: Green Building, Construction Law, Comparative Environmental Law,

Comparative Energy Law, Sustainable Development.

The Indonesian Journal of International & Comparative Law Volume II Issue 4 (2015) at 775-802

Nathalie N. Vergoulias

776

I. INTRODUCTION

In this study, a comparative analysis of the policy and lawmaking approach

taken by the United States to reduce the amount of energy consumption

generated by the construction and operation of buildings will be present-

ed as compared with Germany and the Netherlands. It is important to

examine and analyze the approaches utilized by three developed countries

advanced in the area of sustainable building initiatives, as the world’s en-

vironmental degradation is largely attributed to the building industry.

Buildings often represent major indices of energy and water usage,

the employment of raw materials, and land usage.1 Moreover, numerous

“generally acknowledged global environmental problems (greenhouse

warming, ozone depletion, soil erosion, acid rain, eutrophication, etc.)

are directly or indirectly caused by the creation, operation, or disposal of

the built environment.”2 e author seeks to review the approaches taken

by these three developed countries to provide a promising solution for

other nations.

Several countries including the United States, Germany, and the

Netherlands were prompted to reduce their amount of energy consumption

after the Organization of the Petroleum Exporting Countries (OPEC)

imposed an oil embargo.3 Although many countries have created initiatives

to promote energy eciency standards and overall energy use reduction,

some countries have succeeded in reducing energy use at a much higher

level of eciency than others.

e United States approach to energy reduction commenced in the

mid-1970s with the creation of broad federal legislation focused internally

on increasing the energy eciency of the government’s built environment

and encouragement for states to create similar state legislation. State

1. Luciana Melchert, e Dutch Sustainable Building Policy: A Model for Developing

Countries?, 42 blDg. & env’t. 893, 893 (2007).

2. Charles J. Kibert, Policy Instruments for a Sustainable Built Environment, 17 J.

lanD uSe & envt’l. l. 379, 379 (2002). Dr. Kibert is a Professor and Director of

the Powell Center for Construction and Environment at the University of Florida

with numerous publications and editorial positions pertaining to sustainability in

addition to the preceding citations.

3. Rebecca Retzla, Developing Policies For Green Buildings: What Can e United

States Learn From e Netherlands?, 6 SuStainability: Science, practice, & pol’y

28, 28 (2010).