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Wednesday 27 September 2023

Another name surfaces as potential Menendez successor: New Jersey's first lady


As First Lady of New Jersey, Tammy Murphy has had a much more hands-on role than her predecessors, taking on a policy portfolio, occupying an office in Trenton and becoming her husband’s lead fundraiser.

Now, she’s talking to Democrats about potentially running for elective office — the Senate seat occupied by newly indicted Sen. Bob Menendez, according to three Democrats with knowledge of her discussions about it.

Murphy’s name has been floated for elective office before. But this appears to be the first time that she’s taking the prospect seriously.

At the same time, Democrats are aware that Murphy going for the seat — whether by appointment from her husband should Menendez resign, or running for it in a primary election next year — would be an ironic twist in the Menendez saga.



The senator, who’s accused of doing official favors for businesspeople, a developer and the Egyptian government in exchange for hundreds of thousands of dollars' worth of cash and gold bars, last year helped elevate his political neophyte son, Rob Menendez, to the House.

Menendez has pledged not to resign, though he hasn't said whether he still plans to seek reelection. If Menendez were to resign, Gov. Phil Murphy would be able to unilaterally appoint his successor for the remainder of the term, which expires in January 2025.

The Democratic insiders familiar with the discussions, who were granted anonymity while discussing internal deliberations amid a quickly-shifting political landscape, cautioned that Tammy Murphy is not close to making a decision on whether to run.

But they said that the talk has intensified because Rep. Mikie Sherrill (D-N.J.) has suggested in conversations with Democrats that she’s unlikely to pursue Menendez’s Senate seat and focus on running for governor in 2025. That could create an opening for Tammy Murphy — a well-known presence in the state and one of its top Democratic fundraisers — to run to become the first woman to represent New Jersey in the upper house. If she were to run, she'd likely face Rep. Andy Kim (D-N.J.), who announced Saturday he'll seek the Senate seat, and possibly others.

New Jersey Globe first reported that Tammy Murphy was fielding phone calls about running.

A spokesperson for Gov. Phil Murphy’s office declined to comment. A spokesperson for Sherrill did not respond to an email seeking comment.

Though she’s never run for office, Tammy Murphy has developed a policy portfolio during her husband’s time as governor. She has spearheaded a major effort to reduce New Jersey’s infant mortality rate.

A Fairleigh Dickinson University poll from February found that Tammy Murphy had the highest name recognition of 10 ambitious politicians the survey asked voters about, at 73 percent, though a 43 percent plurality didn’t know enough about her to form a favorable or unfavorable opinion.

Murphy, a Goldman Sachs alum like her husband, is a former Republican who said she left the party over environmental issues and abortion rights.

“No one doubts she’s a formidable candidate. She’d be able to fundraise. She’s had issues she’s led on for years. She can connect with communities,” said one of the Democrats.

But Tammy Murphy has potential political liabilities as well. With Phil Murphy she co-owns a soccer team that early in Murphy’s first came under fire for poor living and practice conditions for its players, and was later named as one of several teams that was named in an alleged immigration scheme. A State Trooper lawsuit also alleges that she denied a member of the governor’s security detail the family’s carriage house to pump breast milk during breaks.

Phil Murphy said he couldn’t address that allegation directly because it’s ongoing litigation, but added “anybody who knows my wife, knows her values, knows what she believes in and stands for, would just hear what’s been said, alleged, and, I don’t know what the reaction is, they would probably find it outrageous — that would be a word I’d use — and completely untrue.”

Alex Wilkes, communications director for the New Jersey Republican State Committee, said criticism of Tammy Murphy is fair game. “She’s not a first lady who’s a little bit more ceremonial. She’s been brought into the fold in a lot of ways, on the business side and on the political side.”

Wilkes also hit on the nepotism angle to a potential Tammy Murphy Senate run.

“’It just feels like these things that belong to ‘we the people’ are these commodities to be traded among self-serving politicians,” she said.



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Tuesday 26 September 2023

Hunter Biden in GOP’s crosshairs again as tax panel sets vote on disclosing more secrets


The House Ways and Means Committee is preparing to release more sensitive information about its investigation into Hunter Biden.

Republicans on the panel have told colleagues they will meet Wednesday to vote on whether to disclose information otherwise protected by strict taxpayer secrecy laws. It has to do with Republicans’ conversations with IRS whistleblowers, but the exact nature of the information is unknown.

The committee previously released similarly protected information about Biden in June.

The move comes as the president's son has filed suit against the IRS, saying the agency has failed to protect his private tax information.

Republicans’ notice to colleagues makes clear the information is safeguarded by a section of the tax law that imposes tough penalties including jail terms for unauthorized disclosure. Lawmakers can get around those restrictions by voting in private to make it public, as they previously did with former President Donald Trump’s tax returns.

In the meantime, the notice says, lawmakers can view the information on Monday and Tuesday in private.

Federal prosecutors said in August that they plan to charge Hunter Biden with tax crimes in California or Washington, D.C., after a plea deal fell through.



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Student loan payments resume Oct. 1. Here’s what you need to know.


Tens of millions of Americans are gearing up to make student loan payments in the coming weeks for the first time in years as a pandemic-era reprieve finally comes to an end.

Payments have already begun pouring into the Education Department as some borrowers begin to repay. But the major test for the federal student loan system — and the Biden administration — lies ahead when official due dates arrive in October.

Individual borrowers face a series of decisions about how to repay: whether they should enroll in the Biden administration’s income-driven repayment program or avail themselves of a new, temporary forbearance option that postpones payments but drives up interest costs.

At the same time, a prolonged government shutdown could complicate the Education Department’s ability to manage the student loan program just as payments are resuming. And millions of Americans are still waiting to see how Biden’s do-over on mass student debt cancellation shakes out.

Here’s our quick guide to some of the moving pieces:

When will student loan debt payments resume?

After more than three years of a pandemic pause, tens of millions of Americans will be required to make a payment on their federal student loans at some point in October — but there will be fewer repercussions than usual if they don’t.

The exact date depends on when during the month a borrower’s individual due date falls. But interest accrual on the loans — which had been kept at 0 percent since March 2020 — began on Sept. 1.

The Biden administration has initiated a safety net program for borrowers who have trouble paying. The Education Department won’t report borrowers who fail to make their monthly payments as delinquent to credit bureaus. But interest will continue accruing on their loans during that forbearance period. The department says that flexibility will extend until October 2024.

What happens with student loan bills if the federal government shuts down?

Federal student loan borrowers will still owe payments — and they’ll continue to be charged interest — even if the federal government shuts down. Even if the government isn’t fully funded, borrowers’ payment obligations remain the same. That’s been the case during previous shutdowns.

But the amount or quality of customer service that borrowers receive from the government could be in jeopardy during a government shutdown.

The Education Department relies on Congress to appropriate money each year to pay loan servicing companies — such as Nelnet, MOHELA and Aidvantage — to manage borrowers’ payments.

Some of that funding is spread across multiple years, giving the agency some leeway to continue normal loan servicing operations for some amount of time. Whether borrowers experience any disruptions would likely depend on the length of the shutdown.

But it’s worth noting that the Education Department has less runway now than it did during previous shutdowns. The department is already dealing with a tight budget on loan servicing that earlier this year forced it to curtail call center hours and allow for higher hold times.

The Biden administration is promoting an optional income-driven repayment program called SAVE. How can people qualify?

The SAVE Plan, which allows most borrowers to have lower monthly payments and caps the interest they have to pay in some cases, rolled out earlier this summer.

Any borrower with a direct federal student loan — except parent borrowers or those who are in default on their debt — qualify for the program. Borrowers can sign up directly at StudentAid.gov or with their loan servicer.

The Education Department says that more than four million borrowers are already enrolled in the program. That consists mostly of borrowers who were converted from a previous iteration of the income-driven repayment plan. The department has said that about 1 million of the borrowers were new sign-ups to the program in recent weeks.

What are the odds Republicans in Congress will succeed in blocking Biden’s newest repayment program?

While the Biden administration has promoted the program as the most generous repayment option in history, Republican lawmakers have blasted the cost to taxpayers of reducing borrowers’ monthly payments and providing new interest subsidies.

Republicans have seized on the program’s $156 billion price tag over a decade, which the Congressional Budget Office and outside experts have said is likely to be significantly higher than that. GOP lawmakers have also argued that the program will provide unnecessary benefits to borrowers at taxpayer expense and potentially incentivize some colleges to raise prices further.

House Republicans have advanced legislation to nullify Biden’s SAVE plan that’s expected to come up for a floor vote in the coming weeks. And there’s a similar effort underway in the Senate.

Republicans are seeking to nullify the repayment plan under the Congressional Review Act, a tool that allows lawmakers to swiftly overturn recently enacted executive branch policies. It will allow Republicans to force a vote on the measure in the Democratic-controlled Senate.

A similar GOP-led effort to repeal Biden’s student debt relief program earlier this year, before the Supreme Court struck it down, passed Congress with a handful of Democratic votes. But Biden swiftly vetoed the measure and there wasn’t enough support to override the veto.

Even if some moderate Democrats again side with Republicans to block the SAVE plan, Biden is sure to once again issue a veto to protect a key student loan priority of his administration.

What is Biden doing to wipe away large swaths of student debt?

The Biden administration has launched a regulatory process to create a new mass debt cancellation program after the Supreme Court struck down its first attempt earlier this year. The Education Department plans to convene public rulemaking sessions this fall where a federal advisory committee will debate potential policy options. Those rulemaking sessions could be delayed in a protracted government shutdown.

At the same time, the Biden administration is also continuing to announce different batches of loan forgiveness that’s targeted at populations of borrowers. Just this last week, the Education Department announced $37 million of loan forgiveness for former students who it determined were misled by the University of Phoenix, one of the nation’s largest for-profit schools.

That’s on top of tens of billions of dollars’ worth of debt relief that it’s previously announced for students who attended other for-profit schools, public service workers and borrowers who have severe disabilities.



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Biden's Michigan trip to join workers on strike has nothing to do with Trump, White House says


President Joe Biden’s decision to join the picket line with UAW workers has nothing to do with Donald Trump, the White House said Monday.

"Absolutely not. This is a decision to visit the picket line and it was based off his own desire. This is what the president wanted to do, to stand with auto workers,” White House press secretary Karine Jean-Pierre said during a press briefing when asked if Biden’s decision to go to Michigan was influenced by Trump’s own plans to visit.

Biden announced last week that he will travel to Michigan on Tuesday to join the picket line of auto workers on strike nationwide, just as some Democrats began to question his response to the strike.

On late Friday and on Monday morning, Trump posted to his social media platform Truth Social that Biden was only visiting Michigan because Trump had already announced his intention to visit on Wednesday — the same day as the second Republican primary debate.

Transportation Secretary Pete Buttigieg made the rounds on several Sunday shows this week to defend Biden’s decision to go to Michigan.

“President Biden is doing what he has always done, which is to stand with American workers,” Buttigieg said Sunday on CNN’s “State of the Union.” “He is proud of being the most pro-union, pro-worker president, not only compared to the Trump administration, with its anti-union policies, but really compared to any modern president.”



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Newsom and DeSantis to debate in November


Following months of taunting challenges between California Gov. Gavin Newsom and Florida Gov. Ron DeSantis over a head-to-head debate, a date has officially been set.

The two governors will debate in-person on Nov. 30 in Georgia, the network said Monday. Fox News anchor Sean Hannity will moderate, as the 90-minute-long show will air during the 9 p.m. ET time slot of his show, “Hannity.”

“We’ve agreed to the debate — provided there is no cheering section, no hype videos or any of the other crutches DeSantis requested. We want a real debate — not a circus,” Newsom spokesperson Nathan Click told POLITICO.

A Fox News spokesperson on Monday declined to say whether Hannity agreed to Newsom’s terms of no live audience and said that more details on the debate will be available later on.

The debate comes a month after the Florida Republican and California Democrat agreed to participate in a debate hosted by Fox News after repeated, pointed sparring over policies in each other’s states.

Hannity first raised the idea of a debate with Newsom during an interview in June, following which DeSantis signed on to participate.

“I’m looking forward to providing viewers with an informative debate about the everyday issues and governing philosophies that impact the lives of every American,” Hannity said in a statement.

DeSantis has mocked Newsom’s handling of homelessness and quality-of-life crimes and ridiculed California for overdoing its stricter approach to the pandemic, while Newsom has taunted DeSantis over his ability to beat former President Donald Trump in the Republican primary.

The debate could raise the national profile of Newsom and DeSantis, who is currently a GOP presidential candidate. Newsom has opted out of a 2024 run for president.

Christopher Cadelago contributed to this report.



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Monday 25 September 2023

Debate moderator Dana Perino: ‘It’s crunch time’ for Republican 2024 hopefuls


Donald Trump’s dominance over the Republican primary field is on the precipice of no return. Fox News is approaching this week's debate as if it's now or never for everyone else.

“It's crunch time for them,” Fox News host Dana Perino told POLITICO ahead of Wednesday’s debate. “They have supporters and donors who want to see a breakout moment.”

During the first debate in August, candidates spent more time attacking Democratic President Joe Biden than they did the GOP front-runner. Perino says if they want to succeed on the stage in California, they may have to go after Trump.

“They all agree about Joe Biden. The way to have a breakout moment is not about what you're going to say about the current president. It's about how you think that you would be a better president than the one we have now, or the one that we've had before that is running again,” Perino said.

Trump won’t be there to parry any attacks, should his rivals decide to deliver them. The former president is bypassing the second debate at the Ronald Reagan Presidential Library in California for his own rally in Detroit, where he’s expected to speak to over 500 union workers representing different trades, including autoworkers, amid the ongoing UAW strike.

Trump’s decision to skip the debate — after he opted out of the first in favor of a sit-down interview with former Fox News host Tucker Carlson — is unsurprising, given the venue. Just days before the event, board members and advisers at the Ronald Reagan Presidential Foundation and Institute described Trump as a “spoiled brat in a sandbox” and compared him to Voldemort.

Fox News was able to draw 12.8 million viewers during the first debate in Milwaukee. While those numbers reflected an interest in GOP candidates other than Trump, they didn’t outpace the first GOP debate in August 2015 during his first run at the White House.

Whether that interest will pull in high ratings for Fox the second time around remains to be seen, Perino said. But many voters are still hoping to avoid a Biden-Trump rematch in 2024.

“You have a significant number of Republicans who are saying they want a different choice than the two frontrunners right now — meaning Trump or Biden,” Perino said. “And so we provide the opportunity and venue in a debate so that these candidates who want to be commander in chief and who think they would be a better president than President Trump to make their case in front of millions.”

Former New Jersey Gov. Chris Christie has levied criticism at Fox’s first debate moderators, Martha MacCallum and Bret Baier, over some of their questions
particularly a question he was asked about UFOs — and their role in controlling the stage.

The stage “was completely out of control,” Christie said during an appearance on CNN following the first debate. “And I’m disappointed that the moderators didn’t play a stronger hand in controlling what was going on.”

But keeping things civil is ultimately up to the candidates, Perino said.

“It is on my mind, thinking about the control of the debate. A lot of that does rest with the candidates though,” Perino said. “It's up to the candidates to understand that if you're talking over somebody that means that the microphones cancel each other out, and no one hears what you're saying so it's not productive. And I don't know if there's anything I can do about that,” she added later.

As for questions, she and co-hosts Stuart Varney of Fox and Ilia Calderón of Univision will “work together to find a way to make this the most informative debate for the people that are watching,” Perino said.

Univision is also set to air a Spanish version of Wednesday’s debate, a further sign of the Republican Party’s desire to attract Hispanic and Latino voters who have soured on Biden. That voting bloc is now central to the Biden campaign’s counterprograming, which on Friday announced a $25 million buy to air an ad titled “La Diferencia.” The 30-second ad will air in Spanish and English on a Univision simulcast of Wednesday’s debate, according to the campaign.

Latino voters are “more and more willing to consider the Republicans,” Perino said. “Now can [the candidates] bring that home? That remains to be seen, but they have an opportunity to do so.”



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‘A contradiction’: U.S. subsidizes ‘sustainable’ buildings, but leaves them vulnerable to floods


FORT LAUDERDALE, Fla. — It was the kind of extreme weather event that happened all too often this year: On an unseasonably warm day, more than two feet of rain inundated the city, flooding hundreds of cars and buildings, including a recently constructed luxury apartment tower that touts its sustainability credentials to prospective tenants.

Shaped like a massive bow tie, the 18-story Vu New River is gray and white with navy blue accents. Water quickly flooded its palm tree-lined rooftop patio, streamed into upper-floor apartments and coursed down the building's elevator shaft, with some even splashing into the neon-lit lobby.

The deluge shocked tenants who thought the building was fully equipped to handle the changes wrought by global warming. But like a ship that is deemed unsinkable, the Vu New River is one of hundreds of recently constructed structures certified as sustainable that is nonetheless vulnerable to the very forces it seeks to combat.



The gleaming tower is one of more than 58,000 construction projects in the United States that have been specially certified as meeting the standards set by the U.S. Green Building Council, a three-decade-old nonprofit that works to make buildings and communities better for the environment and the people who live or work in them.

The main way the Green Building Council does that is via its Leadership in Energy and Environmental Design, or LEED, certification system, which the group describes as "a globally recognized symbol of sustainability achievement." LEED certification is subsidized or required by more than 350 local and state governments as well as the U.S. General Services Administration, which manages the vast federal building stock.

But the influential rating system largely overlooks the growing impacts of climate change, despite increasingly frequent and severe climate-related disasters as well as years of warnings from former Green Building Council officials.

As a result, the Green Building Council has affixed its coveted three-leafed seal to more than 800 new buildings in the past decade that are at extreme risk of flooding, according to an analysis by POLITICO's E&E News and the First Street Foundation, a nonprofit that models likely climate impacts.

That means those "green" buildings have up to a 50 percent chance every year of flood waters reaching at least their lowest point, according to a review First Street did at the request of E&E News. Of that group of structures, historic storm modeling indicates that more than 130 were constructed or overhauled on sites that likely flooded at least once in recent decades.


And anecdotal evidence from Fort Lauderdale suggests those figures could actually understate the magnitude of the problem for LEED buildings, some of the nation's most costly and desirable facilities: The Vu and the Broward County Addiction Recovery Center – another Green Building Council-blessed project in town that was damaged by the April 12 deluge – were not among the 830 LEED buildings that First Street found are most at risk.

First Street's peer-reviewed models are based on open-source government data as well as United Nations-vetted climate projections. Its modeling is relied upon by insurance companies and real estate firms as well as the departments of Treasury, Commerce and other federal agencies.

E&E News discussed the findings with nearly two dozen architects, city planners and policy experts. The analysis, several experts said, suggests that tens of millions of tax dollars have been directed toward new projects that may need to be repeatedly repaired or even abandoned before the end of their expected life span, raising questions about whether some green buildings are truly sustainable.


More importantly, the LEED process and the tax breaks involved could be a crucial tool for preparing man-made structures for climate-related disasters — one that is being squandered today.

"It's a contradiction to call something sustainable if it's also prone to hazards like flood," said Samuel Brody, the director of Texas A&M University's Institute for a Disaster Resilient Texas.

The Green Building Council needs "to better educate developers and tenants on the importance of not just being energy efficient but being resilient to these disturbances like floods," he said. "Because we don't want to put people in harm's way."


The Green Building Council, and the sustainable architecture movement it helped catalyze, emerged in the U.S. in the 1990s amid growing awareness that the burning of fossil fuels could intensify the types of catastrophic impacts the world is now experiencing — from the unprecedented wildfire on Maui to the deadly flooding in Libya.

Originally the group focused on the energy use of buildings, with a goal of maximizing efficiency and minimizing planet-warming carbon emissions. Over the years, the Green Building Council has expanded its focus to include measures intended to create buildings that are also more pleasant for the people in them, such as reducing the use of toxic chemicals and increasing air filtration and circulation.

Over time, these designations have become the gold standard for climate-friendly architecture: States and municipalities offer hundreds of programs to reward developers who agree to follow LEED standards, while renters and buyers look for the designation as a way to satisfy their own desire for a sustainable lifestyle. The rating system can also influence regulators, pushing some to strengthen local building codes.

As such, LEED standards have become a powerful tool in the nation's efforts to reduce climate pollution from the commercial and residential sector, which is tied for the largest source of emissions when factoring in electricity use.



But the Green Building Council has struggled to internalize the lessons from recurring climate-related disasters. From hurricanes Sandy to Maria, those incidents have shown that some new buildings can quickly go from healthy to hazardous if they lose power or water.

Efforts to plan for the potential impacts of major storms have instead been downplayed by the Green Building Council as a distraction for its core sustainability mission, according to some former members, including a past board member.

"Resilience hasn't really been a significant part of the LEED program since its inception," said Alex Wilson, who served on the group's board in 2000 when it publicly launched the ratings system.

"I pushed the council pretty hard to much more actively address resilience," he said. "I've been disappointed that that hasn't happened yet."

The Green Building Council, whose members include many building companies, acknowledged that the LEED system doesn't currently force those developers to consider the growing threats posed by climate change and suggested that modifications could be made when the rules are updated in the next few years.

"We have to look at flooding, we have to look at hazards. I am not disagreeing with you at all on that," said Melissa Baker, a senior vice president at the group.

"But we are balancing it with, where do we put time and points towards energy efficiency, towards carbon," she said of the scorecard-based system. "As adaptation becomes much more present, front of mind — it's obviously critical given what's been going on — we may see that balance shift. And that's something that we're working on now."

Wilson, who has been making the case for resilient design for more than a decade, isn't convinced that the Green Building Council is ready to give the critical issue the attention it deserves.

"I keep hoping I'll see signs of that and haven't yet," he said.


The lack of resiliency standards is especially frustrating, some designers say, because there are a range of things architects and developers can do to prepare for and quickly recover from flooding.

Relatively simple improvements include elevating a building's foundations, designing a "washout" floor that can be easily cleaned and dried after floodwaters recede, and placing vital equipment like electrical and heating, ventilation and air conditioning systems on the second floor. Then there are more challenging measures like installing on-site renewable energy and storage systems or backup water treatment operations that can keep buildings up and running, even when the grid goes down.

But those cautionary steps either cost more upfront or involve some difficult tradeoffs. They are not likely to be taken if project designers and their clients aren't incentivized by local regulators or the LEED system to construct buildings that can withstand the threats posed by an ever hotter and more dangerous world.

"Building codes are boring as hell but they actually matter greatly, in terms of our safety and avoiding loss and damage," said Alice Hill, who during the Obama administration served as the National Security Council's resilience policy chief. "Until we get these codes right, we're going to see a lot more destruction."



The findings come as the Biden administration, the Green Building Council and other groups are working to make U.S. buildings more resilient.

The White House last year launched an initiative that aims to help state and local governments adopt the latest building codes. Forty states and U.S. territories haven't updated their building codes since 2018, the Federal Emergency Management Agency reported in April.

Meanwhile, the Green Building Council and the International Code Council, an influential nonprofit group that creates model building codes for local governments to use, say they are both working to integrate resiliency features into their offerings.

But LEED standards aren't likely to be updated until 2025, at the soonest. The code council didn't give a clear timeline for its next overhaul.

"If these voluntary organizations establish clear guidance and standards for resiliency, it could reduce loss to the United States. There's no question about it," said Hill, who is now a senior fellow at the Council on Foreign Relations, a centrist think tank. "It's a missed opportunity because we don't have those standards and guidance in place. And so then we construct buildings that are destined to flood or burn."


The LEED rating system began as a pilot project in 1998, five years after the Green Building Council was formed by an environmental lawyer, a real estate developer and a marketing executive at the air conditioning company Carrier. They worked with a scientist at the environmental group Natural Resources Defense Council to develop the ratings system.

The system is based on a scorecard of actions that architects, builders and developers can take to earn points toward certification and hopefully increase the environmental sustainability of their projects. The scorecards and points available vary slightly depending on whether the project is to, for instance, build a hospital, renovate an office or plan a new city.

But nearly all of the new construction scorecards promote actions like sourcing renewable energy from the grid and minimizing water use, as well as including bicycle facilities and creating "quality views" from throughout the building. Some actions, such as the storage and collection of recyclables, are required.

LEED certifications are awarded to projects at four point-based levels: At the top is the Green Building Council's platinum seal, followed by gold and silver. The entry level is simply certified.

It took until 2004 for the industry-led nonprofit group to sign off on its first 100 LEED projects. Last year, the cumulative total topped 100,000, with certified projects on every continent except Antarctica.

Over the decades, the Green Building Council has regularly updated LEED — sometimes to address publicized shortcomings in the program. For example, media outlets repeatedly found that some certified green projects consumed more energy than comparable buildings. Following those reports, the Green Building Council in 2015 required new LEED buildings to provide the group with information on their first few years of energy consumption.

The Green Building Council hasn't taken the same decisive steps to integrate climate adaptation into its sustainability rating system. That's despite a growing realization in the architecture field that building practices need to change in response to the ever-warming world.


The first wakeup call for designers was in 2005 when a Category 3 hurricane — with sustained winds estimated at 120 mph and a storm surge of at least 25 feet high — slammed into southeast Louisiana.

In New Orleans, Hurricane Katrina trapped tens of thousands of people in flooded and powerless homes for weeks while also knocking offline nearly all of the city's health and safety facilities. Amid the sweltering August heat, more than 540 hurricane victims died from acute and chronic illnesses that likely "would have been prevented had emergency and hospital services been undisrupted following the storm," according to a 2014 study by the state of Louisiana.

"Katrina caught everybody's attention," said Douglas Pierce, the resilient design director at Perkins&Will, the world's second-largest architecture firm. The focus of the sustainable design field began "shifting beyond trying to stop climate change to actually having to say, 'climate change is here and we need to deal with it.'"


At the Green Building Council's annual conference that November, Wilson and some 160 other participants — including representatives from in and around New Orleans — put together a policy paper intended to help make the post-Katrina planning and rebuilding efforts more equitable and environmentally sustainable. The recommendations included "shifting development from regions of the city at the highest risk of future flooding" and designing or repairing buildings in other areas "to serve as livable refuges in the event of crisis or breakdown of energy, water, and sewer systems."

"The motivation was one of life saving, not just doing the right thing," said Wilson, who now leads the nonprofit Resilient Design Institute. "So I thought it might be a way — particularly in our politically divided country — to get more people focused on green design and to do so for resilience reasons."

City leaders increased the required base height of new buildings and initially "advocated for turning hard-hit areas into parks and greenspace," said John Lawson II, the press secretary of Mayor LaToya Cantrell. But that plan to bar redevelopment in certain areas prompted pushback from residents because those were mainly historically Black and low-income communities, he said.

"Ultimately, there were no areas of the City where redevelopment was prohibited post-Katrina," Lawson wrote in an email.

The Green Building Council also didn't follow its own advice. The group has struggled to prioritize resilience alongside the other environmental and health considerations woven into the LEED system.

Since 2009, most new building scorecards have only offered up to four points — out of a possible 110 — for considering flooding in site selection, planning for natural disasters or designing for resilience after a disruptive event. And three of those resilience-themed points have only been offered as pilot credits, meaning most LEED experts aren't familiar with them.

The Green Building Council also had a resilience working group for a time. But it went dormant around 2016 when the council began supporting a resilience rating system known as RELi that was initially created by Pierce, the Perkins&Will architect. The system was complicated and few projects adopted it. The Green Building Council effectively gave up on RELi in 2021, shifting management of that resilience standard to a smaller nonprofit.

"What we spoke about — our working group many years ago — was integrating [resilience] throughout all the LEED systems, through all the different credit categories and making this something that was consistently addressed instead of this one-point, throw-away kind of thing," said Mary Ann Lazarus, who along with Wilson co-chaired the committee.

Lazarus has drifted away from the Green Building Council but continues to value and support its work to advance sustainable design.

"I just don't know why this particular issue, which is near and dear to my heart, has been so hard for them to bring into the standard in a really comprehensive way," she added.


As it stands now, the LEED system effectively gives the same priority to setting aside at least a couple of parking spaces for charging electric vehicles as it does to not building on "sensitive" lands like in a floodplain or next to a water body: Each is worth a single point.

The Vu New River earned points for both, even though it is located — as its name suggests — only steps from a yacht-filled estuary that snakes through Fort Lauderdale. That's because the LEED system still rewards projects in flood-prone areas if they are located on "land that has been previously developed," the ratings guide says. The Green Building Council awarded the sleek apartment building with a silver certification in 2015.

The Broward Addiction Recovery Center — the other recently constructed LEED-certified building known to have flooded in the April storm — has a walled-in garden where patients can step out to get fresh air. During the downpour, that space filled up like a bathtub and then overflowed into the ground floor of the residential treatment facility. The county-run drug treatment facility earned a gold certification in 2018. (It scored zero points in a category that encourages steps to limit the quantity of stormwater.)

The Lincoln Property Co., which owns the Vu, didn't respond to questions for this story. Broward County provided photos of the facility but declined a request to tour the building and then didn't respond to follow-up questions.


If the Green Building Council had embedded resilience into its scorecards, those vulnerabilities could have been identified before now, Wilson argued.

"A responsible resilience rating system or overlay to LEED would insist as a prerequisite on doing vulnerability or hazard assessments for any LEED building," he said. "I think places like that would have been flagged and to obtain that LEED certification they should've had to do measures to compensate for vulnerabilities that are identified. But that's not what LEED is set up to do today."

As a result of that shortcoming, some relatively new LEED-certified buildings have already suffered costly repairs. The North Carolina History Center, for instance, received its silver certification in 2012. Five years later, the museum at the mouth of the Trent River had to temporarily close after it incurred extensive damage from Hurricane Florence's 13.5-foot storm surge.

"The center was built to be above historic flood levels," said Nancy Figiel, a spokesperson with the North Carolina Department of Natural and Cultural Resources. The wall of water that accompanied Florence, she noted, was three feet above the previous record high storm surge for the area.

Other new LEED buildings that have been significantly impacted by flooding in the past decade include a library in Kentucky, the headquarters of Vermont's Department of Public Safety and the main offices of oil company ConocoPhillips, whose fuels have helped overheat the planet.

Mark Bosma, a spokesperson for Vermont Emergency Management, said that although the state office complex wasn't damaged by floodwaters this July, it had to be "closed for about a week while the town of Waterbury restored water and sewer [service.]"

Officials from Hazard County, Ky., didn't respond to a request for comment. ConocoPhillips declined to comment.

Most of the flooded buildings identified by E&E News were not "built irresponsibly in remote areas — these are, in many cases, in the heart of our cities and communities," said the Green Building Council's Baker in a follow-up email. "There are hard conversations that need to happen about where and when we rebuild. While those discussions are occurring among community leaders, [the Green Building Council] encourages buildings to incorporate resilience into their planning, development and upgrades."

It's virtually impossible to know the precise number of LEED buildings that have been damaged by floods, wildfires or other climate-related disasters because the Green Building Council doesn't collect that information. Property owners in most states also aren't required to disclose such details to buyers, renters or journalists.



First Street's freely available property-level modeling aims to narrow the information gap. Its analysis of LEED properties suggests nearly 500 new buildings certified by the Green Building Council in the past decade are on sites that have experienced flooding this century.

Those findings don't mean that hundreds of new LEED buildings have been or will be damaged as significantly as the North Carolina History Center, or at all. They do, however, indicate that many of them are in flood-prone areas where design teams should have taken steps to prepare for more rainfall or seawater – ones above and beyond those currently required by the Green Building Council or most local building regulators.

"It is always that balance in a holistic rating system, and in a voluntary scorecard, of where we're putting the points," said Baker.

Back in Fort Lauderdale, a municipal engineer at a May city commission meeting told local leaders they were spending about $40,000 per day to provide backup electricity and cooling for the shuttered city hall building, which is only a few blocks north of the Vu apartments. Day and night, diesel-powered generators the size of shipping containers buzzed outside the angular concrete edifice, preserving the damaged records and property stored inside.

At the marathon meeting, commissioners had a contentious debate about interim office space options, putting off an even longer discussion about how and where to rebuild the heart of the city government. By county law, it will have to be LEED certified.

"I don't think that's going to be a problem," Democratic Mayor Dean Trantalis told E&E News that night. "Because, you know, most buildings these days are very environmentally friendly."

Erin Smith and Sean McMinn contributed reporting.






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