Foiled by the Banks? How a Lender\u27s Decision May Support or Undermine a Jurisdiction\u27s Environmental Policies that Promote Green Buildings

A United Nations Environmental Programme report addressing climate change states that the built environment in both emerging and developed countries accounts for more than forty percent of global energy usage and at least one third of the world’s greenhouse gas emissions. The report further asserts that the built environment offers an unsurpassed opportunity to supply cost effective, lasting, and meaningful reductions in greenhouse gas emissions. In response to this call to action, state and local governments in the U.S. have turned to a variety of policies to ensure that real estate developments within their jurisdictions further green building objectives. However, the availability of mortgage financing for the construction or acquisition of green buildings can undermine policymakers’ overarching environmental objectives. Lenders who misunderstand the unique risks and opportunities associated with green buildings may undercut these important environmental policies by denying real estate financing for worthy construction projects or acquisitions. Accordingly, this Article builds upon my previous work that addressed some of the financial aspects relating to green buildings such as performance bonds, insurance, and construction loans while now turning to the unique issues associated with mortgages and provides solutions that can mitigate risk exposure to acceptable levels so the lending community can further a more ecologically-friendly built environment