What, if any, connection is there between law and sustainability, or sustainable development? Law, like sustainability, seeks to conserve our rights and those of others. Logic dictates these fields must intersect. A full analysis of all statutory, regulatory and jurisprudential authority that pertains to sustainability principles would be voluminous and daunting to not only the author, but also the reader. This article instead aims at more modest and efficient goals by providing an overview of the prevalent legal issues associated with sustainable development while also offering potential solutions to these issues. Attempts to define sustainability have been offered by many trade organizations and textbooks. Perhaps the most cited definition of sustainability was formulated at the 1987 convention of the Brundtland Commission. The definition offered by the Brundtland Commission is lacking, as it utilizes a "negative" in defining sustainable development, instead of encouraging positive and proactive action and thought. The first sustainable development pioneers did not even realize they were founding a movement. Legislation began to more prevalently influence sustainability during the presidential administrations of the 1960's and 1970s. Although legislative and regulatory authority has expanded over the last thirty to forty years, including the introduction of tax credits and other incentives related to sustainable development, the largest strides have resulted from standards developed by non-profit organizations. As technology evolves, sustainability law must also evolve to keep pace with the technology and principles developed by private organizations. Many of the legal issues surrounding sustainable development are not new or novel, but issues encountered on most construction and development projects. Some of the more common issues relate to contract formation, breach of the standard of care, breach of contract, breach of warranty and intellectual property issues. Sustainability principles offer a twist on these issues, however, which may have dire consequences for the unwary. Some suggestions or proposals to mitigate risk and address these issues include self education and awareness, client education and interaction, and if necessary, engagement of legal counsel during the negotiation and drafting of the contract.
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