This Earth Day, Take a Hard Look at the Risks of Ignoring Climate Change

{"version":"0.3.0","atoms":[],"cards":[],"markups":[["a",["href","https:\/\/www.earthday.org\/history\/"]],["i"],["a",["href","https:\/\/issuu.com\/aiacote\/docs\/cote_30th_anniv_timeline_poster_2020"]],["a",["href","https:\/\/www.aia.org\/resources\/6077668-framework-for-design-excellence"]],["b"],["a",["href","http:\/\/www.architecture2030.org"]],["a",["href","http:\/\/www.eia.gov"]],["a",["href","https:\/\/www.fastcompany.com\/90739228\/ipcc-report-paints-damning-portrait-of-architecture-our-buildings-are-wrongly-designed?trk_msg=6QQICE5FNC64N0O6UE65T2KHS0\u0026trk_contact=B15B7VSBR3MA09S1VRI504A2HK\u0026trk_sid=5I05JQTE14Q2N8V5B7BHBFHRUS\u0026trk_link=2ABU2HMLG1A4D11RNO3S1IJCR8\u0026utm_source=listrak\u0026utm_medium=email\u0026utm_term=IPCC+report+paints+damning+portrait+of+architecture%3a+Our+buildings+are+%e2%80%9cwrongly+designed%e2%80%9d%26nbsp%3b(Fast+Company)%26nbsp%3b\u0026utm_campaign=Late+Edition+East%3a+Gyo+Obata%e2%80%99s+restaurant+pavilion+on+the+National+Mall+to+be+demolished+to+make+way"]],["a",["href","https:\/\/www.theatlantic.com\/family\/archive\/2019\/09\/american-houses-big\/597811\/"]],["a",["href","https:\/\/globalabc.org\/sites\/default\/files\/2021-10\/GABC_Buildings-GSR-2021_BOOK.pdf"]],["a",["href","https:\/\/theaiatrust.com\/impact-of-climate-on-professional-liability-survey\/"]],["a",["href","https:\/\/www.businesswire.com\/news\/home\/20211014005090\/en\/Recent-Study-Reveals-More-Than-a-Third-of-Global-Consumers-Are-Willing-to-Pay-More-for-Sustainability-as-Demand-Grows-for-Environmentally-Friendly-Alternatives"]],["a",["href","https:\/\/www.cnbc.com\/2021\/08\/10\/the-environment-is-gen-zs-no-1-concern-but-beware-of-greenwashing.html"]],["a",["href","https:\/\/www.forbes.com\/sites\/deloitte\/2021\/04\/16\/organizations-are-feeling-the-pain-of-climate-change-here-are-five-ways-its-affecting-their-business\/?sh=6121a6624e0c"]],["a",["href","https:\/\/www2.deloitte.com\/global\/en\/pages\/risk\/articles\/2021-climate-check-business-views-on-environmental-sustainability.html"]],["a",["href","https:\/\/www.sec.gov\/sec-response-climate-and-esg-risks-and-opportunities"]],["a",["href","https:\/\/www.aia.org\/articles\/6199206-aia-announces-big-move-toward-environmenta"]],["a",["href","https:\/\/www.aiacontracts.org\/contract-documents\/6290216-sustainability-consultant-scope-of-services"]],["a",["href","http:\/\/www.jlhlawoffice.com\/"]],["strong"]],"sections":[[1,"p",[[0,[],0,"April 20, 2022"]]],[1,"p",[[0,[],0,"April 22, 1970, marked the\nfirst "],[0,[0],1,"Earth Day"],[0,[],0,". Until that point, American\nsociety was generally ignorant of environmental concerns such as air pollution,\nharm to species, ecosystems and human health caused by industrialization. \nWidely credited with sounding the alarm, Rachel Carson\u2019s seminal book, the 1962\n"],[0,[1],1,"Silent Spring"],[0,[],0,", catalogued the deep environmental harms caused by the\nproliferation of chemicals in our waterways from industrialized\nagriculture. "]]],[1,"p",[[0,[],0,"Architects by no means\nignored that clarion call, forming the first AIA Energy Committee in 1973 and\nsubsequently the Committee on the Environment (COTE) in 1990. In 2020, COTE\ncelebrated its 30th year, "],[0,[2],1,"publishing a history of its\nwork"],[0,[],0," that\ndemonstrates the leadership they provided on behalf of the profession in\nreducing the negative impact of buildings on the natural environment and human\nhealth. Today, COTE has drawn a line in the sand -- "],[0,[3],0,"that good design "],[0,[1],1,"is "],[0,[],1,"sustainable\ndesign"],[0,[],0,". "]]],[1,"p",[[0,[],0,"So, it is easy to imagine the\nfrustration among steadfast sustainability leaders that our industry faces a\nreckoning this Earth Day, 2022 - that despite the best efforts of some, through\nadvocacy, in practice and with a profound sense of purpose, we are not meeting\nthe benchmarks necessary to avoid the worst effects of climate change. "]]],[1,"p",[[0,[4],1,"Environmental Impact of the\nBuilding Sector"]]],[1,"p",[[0,[],0,"Based\non data from the U.S. Energy Information Administration, we know and have known\nfor many years that buildings generate nearly 40% of annual global carbon\ndioxide emissions, and of that total, that building operations are responsible\nfor 28%. Just on their own, building materials and construction (in their\nproduction, known as "],[0,[1],1,"embodied carbon"],[0,[],0,") represent additional 11% of\nemissions. (See "],[0,[5],1,"www.architecture2030.org"],[0,[],0," and "],[0,[6],1,"www.eia.gov"],[0,[],0,"). "]]],[1,"p",[[0,[],0,"The most recent report by the Intergovernmental\nPanel on Climate Change (IPCC) warned (as reported "],[0,[7],1,"here"],[0,[],0," by Fast Company) that \u201cpolicies that favor wasteful new\nconstruction, and do little to encourage environmentally minded retrofits, have\nhindered the building industry\u2019s ability to curb its footprint.\u201d Despite a 1%\ndip in energy consumption of commercial buildings during 2020 due to the global\npandemic, demand shifted to the residential market, where houses incidentally\nare following a disconcerting "],[0,[8],1,"\u201cbigger is better\u201d trend"],[0,[],0,", and energy consumption "],[0,[9],1,"continues to rise"],[0,[],0," according to the UN 2021\nGlobal Status Report for Buildings and Construction."]]],[1,"p",[[0,[4],1,"It may no longer reasonable\n(in the legal sense) to ignore climate change."]]],[1,"p",[[0,[],0,"The effects of climate change\non the Earth and human populations are obvious now except to the willfully ignorant\n- but professionally and reputationally, design professionals, construction\ncompanies and corporations face particular risks associated with climate change\nthat may ironically be drivers of positive change."]]],[1,"p",[[0,[],0,"The AIA Trust is currently\nstudying climate change\u2019s impact on professional liability by "],[0,[10],1,"surveying AIA members"],[0,[],0," and listening to insurance\ncarriers that carefully monitor changes in state laws and the codes and\nstandards and practice trends that change the professional standard of care\nover time. Will it one day soon be considered "],[0,[1],1,"unreasonable"],[0,[],0," from a\nprofessional liability perspective not to take climate change into\nconsideration for planning and design, given that major weather events, shocks\nand stresses are no longer unforeseeable? This is a key question and developing\nissue for design professionals. "]]],[1,"p",[[0,[],0,"For corporations, customer\ndemands"],[0,[11],1," and willingness to pay more"],[0,[],0," for sustainable products and\nservices are driving the expectation that they will be delivered with\nenvironmental and social impacts in mind. "],[0,[12],1,"Generation Z"],[0,[],0," (those born between 1997 and\n2012) is growing up and entering adulthood with a keen awareness of corporate\nand personal environmental and social impacts. They demand and expect accountability\nand will determine the shape of the future economy. For the largest\ncorporations, if they are carefully watching those currently young and future\ncustomers, this means that one system-wide change can mean real impacts on both\ntheir sales, "],[0,[1],1,"and"],[0,[],0," environmental footprint. "]]],[1,"p",[[0,[],0,"As reported recently by "],[0,[13],1,"Forbes"],[0,[],0," In a study of executives\nperceptions of the impact of climate change, the "],[0,[14],1,"Deloitte Global\u2019s 2021 Climate Check report"],[0,[],0," showed that 80% of executives\nare concerned. How\nwill that concern translate into action? Looking ahead, the Deloitte\nreport lays out five main areas of risk for corporations: "],[0,[1],1,"operational\nimpact, scarcity and cost of resources, regulatory and policy uncertainty,\nincreased cost or unavailability of insurance, and reputational damage"],[0,[],0,". "]]],[1,"p",[[0,[4],1,"There is hope in every project. "]]],[1,"p",[[0,[],0,"This all may sound dire, but\nbeyond doing the right thing, these vectors represent increased pressure on\nowners and corporations to change and perhaps more importantly, the hope that\nonce the corporate world mainstreams the mitigation of risks associated with\nclimate change, pro-environment actions of early adopters could become\nmandated by both customers "],[0,[1],1,"and"],[0,[],0," "],[0,[15],1,"regulatory oversight"],[0,[],0," -- at once serving a higher\npurpose, and future generations to come. "]]],[1,"p",[[0,[],0,"In 2020, the AIA announced an ambitious renewed\nfocus "],[0,[16],1,"on environmental stewardship"],[0,[],0,", and the same year, updated the AIA Sustainable\nProject documents. In particular "],[0,[17],1,"C204-2020 Standard Form of Consultant\u2019s\nServices: Sustainable Project Services"],[0,[],0,", providing teams and owners a legal roadmap to integrate sustainability\ninto design and construction projects. "]]],[1,"p",[[0,[],0,"No matter how troubling the news headlines or\nseemingly overwhelming the size of the challenges we face ahead as an industry,\nevery project, every step taken toward changing the business-as-usual mindset,\nis a step in the right direction. On the design side, we have the strategies,\nsuch as passive heating and cooling, denser housing, and an emphasis on\nretrofitting building stock. "],[0,[1],1,"We just need to implement them"],[0,[],0,". Therefore,\nin assessing the risks, look at the opportunities as well, to build a more\nhopeful future -- not just this Earth Day -- but "],[0,[1],1,"every"],[0,[],0," day. "]]],[1,"p",[[0,[],0,"Jessyca Henderson is an attorney and architect\nbased in Maryland, providing legal services and consulting to design\nprofessionals, corporations and government related to sustainable design,\nbuilding science, and environment. "],[0,[18],1,"www.jlhlawoffice.com"]]],[1,"p",[[0,[1,19],2,"AIA Contract Documents has provided this article\nfor general informational purposes only. The information provided is not legal\nopinion or legal advice and does not create an attorney-client relationship of\nany kind. This article is also not intended to provide guidance as to how\nproject parties should interpret their specific contracts or resolve contract\ndisputes, as those decisions will need to be made in consultation with legal\ncounsel, insurance counsel, and other professionals, and based upon a multitude\nof factors. "]]]]}