Lawsuits, though often unpleasant in nature, are set in place so that individuals and companies stay within the law. When individuals or companies, don’t live up to promised expectations, they’re made accountable. Unless of course you’re Whirlpool and you’re tired of getting sued for not actually living up to the Energy Star label.

Whirlpool wants Congress to ban class action lawsuits over Energy Star labels after government testing showed that many products that carried the label, didn’t meet the requirements.

Energy Star has seen its share of enforcement problems and a host of consumer products that didn’t live up to the name, and as a result, Whirlpool has faced an onslaught of legal action. A bill introduced to Congress aims to change all that. The legislation would prohibit class action lawsuits if the EPA came up with a remedy instead, like reimbursing consumers, for example, when the Energy Star label wasn’t up to snuff.

But consumer advocates and trial lawyers see major problems with the legislation. The bill was introduced by Representative Robert Latta (R-OH) a Congressman with a few Whirlpool factories in his district and Peter Welch(D-VT), a member of the Alliance to Save Energy, of which Whirlpool is a member.

“By eliminating consumers’ access to the civil justice system, corporations will not be held accountable in court for swindling customers,” said Sarah Jones, a spokeswoman for the trial lawyers’ organization, the American Association for Justice.

Energy Star was created in 1992 to identify consumer products like refrigerators, televisions, dishwashers, and light bulbs that used less energy, but the organization has run into some problems of late. Most recently, Consumer Reports outlined some glitches in Energy Star refrigerators. They found that refrigerators that carried the label generally used 20 percent more electricity than the label said. Engineers performed tests on the appliances and found that they performed worse than some refrigerators that didn’t carry the label.

LG, Samsung, and Whirlpool have all been sued as a result of their lack of label compliance. Consumer Reports is also advocating against the law.

“E.P.A. and D.O.E. can’t be out there all the time,” she said to The New York Times. “Consumers need that backstop of the courts to get redress.” Class-action suits, she said, are appropriate in cases where “it’s lots of small injuries,” like an appliance that will use a few extra dollars’ worth of electricity every year.

Energy Star has been a blessing for those that want their homes to reflect their concern with energy efficiency and these lawsuits make companies accountable for their products.

Related on EcoSalon

Are Energy Star Labels Legit?

Behind the Label: Compact Fluorescent Light Bulbs

Green Rides and Energy Rules

Image: Goedeker’s

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According to the Wall Street Journal, a group of roughly 100 well-known apparel brands and retailers including Nike, Levi’s Timberland and Patagonia “Have developed a software tool to help them measure the environmental impact of their apparel and footwear, from raw material to garbage dump.”

This Eco Index, similar to what appliances go through to achieve an Energy Star label is an informal software tool that asks companies to consider their environmental and labor practices. The answers to the questions translate into an eco-value score that, (when the program is ready for the retail market), will allow consumers to make a decision whether they want a product based on its index score.

Many of the companies are hoping it will be an invitation to try their product as it will set them apart from competitors based on insider know how.

The index will debut at the Outdoor Retailer trade show in Salt Lake City next month.

While many of the questions companies must answer cover significant supply chain steps like manufacturing, shipping, and even disposal, one of the biggest eye openers for consumers will be to see their part in the equation.

The WSJ reports that for example, consumer washing of a pair of Levi’s 501’s contributes to half of the water used and carbon dioxide produced in the life of those jeans. Levi’s has already won points simply for advising consumers to wash with cold water, line dry and donate to Goodwill which puts them ahead of the curve.

Like Energy Star ratings, the Eco-Index value system will allow a semi-sustainably aware public of the need to conserve and have more of a connection to what they are wearing and how the clothing got to them.

Do you think the public is ready for this and that it will make a dent in how we consume?

Image: ecouterre

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St. Patricks’ Day this week turned cities green literally – from landmarks to libations. But how green have major metro areas around the U.S. been throughout the year? The American Cities Business Journal group has released a new study on the matter.

Their inaugural Green Cities Index examined 43 U.S. cities, and ranked them based on 20 criteria encompassing residents’ environmental behavior, cities’ use or abuse of land and water, and presence of a variety of environment related projects and industries. The Green Cities Index 2010 survey results have been hot in the blogosphere ever since, with bloggers and residents bragging or bummed about their scores.

Portland topped the Green Cities Index 2010, with San Francisco in a close second place, Honolulu at third followed by Austin and Boston. The new study’s rankings fell in line with related studies by the Natural Resources Defense Council, and by Popular Science. But not exactly.

Surprising Strengths

Green Cities Index 2010 gave areas lacking environmental credibility overall some surprising points. Houston, one of the most traffic-choked cities in the U.S., held the top spot for Energy Star rated facilities, saving it from a much lower score.

Meanwhile, Albany ranked in the top ten on this list, though traditional manufacturing plants have caused severe pollution there for years. The city’s high score was influenced by Albany’s top score for “green jobs.”

At least the presence of more green jobs per capita in the area indicates the promise of a sea change.

It ain’t easy being green…

How important are green aspects of a city to the quality of life there? We think entirely important. That’s why we’re surprised that Green Cities Index 2010 chart topper Portland did not rank so highly in a separate happiness survey, the Gallup Healthways Well-Being Index which was released last month. The happiness study examined 162 cities, and Portland came in at 59. (That compares indirectly to 16th place on a 43-city list like Green Cities.)

Greensboro, North Carolina which came in dead last on the Green Cities Index, with the worst ranking for sprawl and its result, carbon emissions per capita, ranked 97th on the well-being index, which would put it at about 25th on a list of 43.

While there’s no apples-to-apples comparison between the studies, it’s worth asking: why aren’t the greenest cities always the happiest? Where does your city rank, and how happy are you?

Basic reading:

“A few hundred miles up the Ohio River from Cincinnati, Pittsburgh sits as a shining example of sustainability. After decades of working to clean its smoky skies and polluted waterways, the Steel City also has become a model for green building and sustainable design…” – A news feature discussing the reasons why Cincinnati Business Journal decided to launch its Green Cities Index

“Nine of the 10 cities that fare best on ‘life evaluation,’ assessments of life now and expectations in five years, boast a major university, a big military installation or a state Capitol – institutions that presumably provide some insulation from recession.” – A news feature breaking down a Gallup study of how happy people are in American cities, via USA Today

“If you want to be good to the environment, stay away from it…” From a 2009 study on Suburban vs. City living by Edward L. Glaeser

“No Northwest city is yet close to the destination of sustainability: carbon neutrality; widely shared prosperity; stable populations in strong communities; educational and economic opportunity for all; hyper-efficient use of natural resources; zero-pollution industries; and low-stuff, high-satisfaction lives.” – a different assessment of green cities from the Vancouver, B.C. news site, The Tyee

Further Resources:

News from OregonLive.com about the lack of trees in an otherwise green city, Portland: “Green Portland Isn’t Green Enough”

An Environmental Protection Agency air quality report

For contrast, a news report on air quality in Islamabad

A Greenbang.com story about London’s aim to imitate Copenhagen, Europe’s greenest city

A blog post calling for public transit support in Nashville, and referencing its low ranking on Green Cities Index 2010

Image Credit: Keith Skelton

This is the latest installment of EcoMeme, a column featuring eco news, tech and trends by EcoSalon writer and columnist Lora Kolodny.

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It’s always a good time to install solar panels, buy an Energy Star rated appliance or swap your clunker for a hybrid. But we all know Federal and state tax credits and grants make it easier to get the gain without the pain.

“Solar systems typically run $20,00 to $30,000 for homes but with the credits, including  new grants coming available in California, you probably won’t spend more than $10,000,” says Noel Cotter of Luminalt, a San Francisco solar electric and thermal contractor.

Cotter directs visitors to his site to various city incentive programs, such as GoSolarSF for low income residential projects, as well as  the California Solar Initiative, a state rebate that when combined with federal tax credits can cover half or more of the system installed in San Francisco. It’s good to locate programs in your own city, whole checking out the federal programs.

Here are a few credits to entice you:

Home Energy Efficiency Improvement Tax Credits

U.S. Department of Energy: Tax Credit of 30% of the cost up to $1,500 (Cash for Caulkers). Encourages home improvements through rebates for  installing energy-efficient windows, insulation, doors, roofs and heating and cooling equipment in existing homes through December 31, 2010. Energy Star has a list of some of the appliances (furnaces, stoves, water heaters) and materials (panels, bulk insulation, metal and asphalt roofing) that qualify for the credits while also giving you great returns in lower energy bills.

Replacing Your Windows: Part of the IRS Stimulus and Recovery package signed into law Feb. 17, 2009: Raises the level of credits for windows, doors and skylights to 30% and increases the lifetime cap to $1500 for installations prior to December 31, 2010. Which windows get a break? They must have a combination of a less than 0.30 or less U-Value and a0.30 or less SHGC (Solar Heat Gain Coefficient). Window manufacturers are stepping up the ad campaigns now to get you to make the switch. You are advised to retain your NFRC certification label with their records, even though you don’t need to submit it with your tax return.

Home Buying Incentive

The Fed: In some cities, it’s challenging if not impossible to live the American dream of owning your first green home, but credits take a bit of the sting out of the process for those who can buy. Congress has extended the $8,000 credit ($4,000 for those filing separately) for first purchases. And an amendment added gifts a $6,500 break to current homeowners who have owned and lived in a home for any five consecutive year period during the last eight years (and must close a sale after Nov. 6, 2009 and before July 1, 2010). Naturally, there are other restrictions. The home’s price tag cannot exceed $800,000 and the income limit for individuals is $75,000 to $125,000 and for joint filers, $150,000 to $225,000.

State Incentives: CA Franchise Tax Board: States like California are desperate to stimulate the economy. That is why Governor Arnold has proposed extending and expanding the $10,000 homebuyer tax credit to include the purchase of existing homes in addition to new homes for first time buyers. The buyer must be a dependent and must buy a home that doesn’t belong to a family member. The tax board will extend the credit to buyers until the $200 million dollars in tax credits have been used up. Check with your state and learn what is being proposed to get taxpayers back on track.

Green Jobs, Too: California green industries putting jobs in place by 2014 could get in on hundreds of millions of dollars in tax credits as part of President Obama’s $2.3 billion package to stimulate new clean energy jobs.

Buying or Leasing a Hybrid Car or Truck

The IRS: For vehicles in service purchased on or before December 31, 2010 that are primarily driven in the U.S. The amount of credit on new hybrid gas-electric cars or trucks depends on the fuel economy and weight of the vehicle. Sadly, Toyota and Honda hybrids no longer qualify. Hybrids that apply are those using less fuel than the average vehicle of a similar weight that meets an emissions standard qualify. These tax credits are phased out once the manufacturer has sold 60,000 eligible cars and trucks. A summary of the credit requirements for these cars is provided here. Various 2010 models can be found here.

Hybrid Cars says the biggest impact on green cars is the new tax credit for low-speed neighborhood electric vehicles, electric motorcycles, and three-wheeled vehicles. NEV’s – which cannot go faster than 25 mph – can earn the buyer a credit of up to $2,500, and has been slammed as “pork for golf carts.” Tesla Roadsters and a small number of other costly low-production plug-ins qualify.

Images: waynenf, jurvetson, Ian Muttoo, pfala

The post Flagging Down a 2010 Tax Credit appeared first on EcoSalon.

In stark contrast with news of the devastating earthquake and loss of life in Haiti this week, greener vehicles, energy activism and conservation law enforcement gave the blogosphere reasons to hope (and post).

Hybrid, electric, and compact vehicles more fuel-efficient than what’s ever sold before – like the Cadillac XTS Platinum, the Ford Fusion Hybrid, the Nissan Leaf and the Toyota Scion iQ – won accolades at the 2010 North American International Auto Show in Detroit, Michigan, which began Monday Jan. 11th and will be open to the public Saturday, Jan. 16th through Sunday, January 24th.

Some auto brands predicted, like academic researchers before them, that fuel efficiency would “drive” car sales in 2010 and beyond.

Just in time to curry favor with the auto lobby that turns out for the Detroit Auto Show each year, the U.S. Department of Energy this week also announced awards of $187 million in funding, from the American Recovery and Reinvestment Act would go to American auto- and parts-makers to create not just jobs, but more efficient “super trucks” (military and commercial vehicles mostly) and passenger vehicles.

The D.O.E. also pledged – perhaps inspired by some of the greener efforts at the Consumer Electronics Show earlier this month – to enforce “minimum appliance conservation standards,” established in the Energy Policy Conservation Act of 1975. In other words, if you make electricity-sucking, carbon-emitting refrigerators, air conditioners or other appliances that don’t meet U.S. standards, and if you don’t report what your gadgets use with accuracy, the feds will fine you! This time they mean it. It’s for the earth. And the U.S. government purse.

Innovative new vehicles and appliances and environmental law enforcement, of course, are just one piece of the energy puzzle.

All of the green news this week from the D.O.E. wasn’t enough to cover the hypocrisy of the U.S. Environmental Protection Agency last week which allowed the U.S. Army Corps of Engineers to issue a permit to Patriot Coal to proceed with some habitat thrashing, mountaintop coal mining projects in West Virgina.

To solve problems like ruinous coal mining, burning and oil consumption, on Thursday, Jan. 14th the United Nations Foundation gathered investors and world financial leaders to discuss climate change and the role of energy in the global economy.

UNF philanthropist and founding member Ted Turner stated on CNBC’s Squawk Box the first day of the foundation’s meeting: “[In the U.S.] we’re still subsidizing the coal and oil industry in various ways and should stop doing that… [We should] make sure with fees or cap and trade that the true cost of pollution from burning coal and oil is covered by the users. Then solar and wind power can become very competitive. The oil problem – that’s $750 billion a year we’re transferring over to countries that are not exactly our friends.”

Soak up a balance of optimistic and skeptical news and opinions about green vehicles and appliances, and the U.S. government’s environmental initiatives as they relate to the global, energy economy below. Then go forth, share links and comment.

Basic Reading:

“Eco cars are dominating this year’s Detroit Auto Show with a number of new concept hybrids being launched by both large and small automakers. The Ford Fusion Hybrid won the 2010 North American Car of the Year…” – news via EnvironmentalLeader.com

A preview of green cars at the Detroit Auto Show 2010 by John Voelcker for GreenCarReports.com

“Coal releases more carbon dioxide emissions per unit of energy produced than any other fossil fuel, but it also provides more than half the United States’ electricity supply. Mountaintop mining, a practice that has grown throughout the past 30 years, now supplies about 10 percent of U.S. coal.The EPA has a long history with trying to come to terms with the impacts of that destructive practice.” – A featured post at SolveClimate.com

“D.O.E. [is making a broad] effort to increase enforcement efforts for both Energy Star and the federal appliance standard program, which sets mandatory energy efficiency and water use requirements for a number of products, from air conditioners to urinals.” – News via the New York Times Green Inc. blog

The official home page for the Investor Summit on Climate Risk hosted by the United Nations

“The agenda includes speakers such as U.N. Secretary-General Ban Ki-moon, Former Vice-President Al Gore, U.S. Climate Envoy Todd Stern and Media Executive/Philanthropist Ted Turner. The list of investors expected at the Summit underscores how climate change, an environmental issue, is increasingly gaining traction as a business issue.” – A news item on the Investor Summit on Climate Risk via EfficiencyLaw.com

Further Resources:

News of hybrids, compacts at Detroit Auto Show from Chosun Ilbo, a Korean news organization

A muscle car enthusiast and critic worries that too much “hybrid” could amount to not enough speed, via the Motortrend.com blog

Detroit Auto Show Round-Up: The Fully Monty, is a web page of short reviews and critiques of cars at the NAIAS 2010, from a decidedly not eco-centric source, Jalopnik

A DailyYonder.com blog post asking “How Do You Kill a Mountain?” and criticising coal mining practices approved by the EPA

“The U.S. Environmental Protection Agency announced Tuesday that it would sign off on a Clean Water Act permit for a mountaintop removal coal mine operated by Patriot Coal Corp., drawing the ire of a coalition of environmental and community advocacy groups that says the decision opens the door for further environmental destruction in Appalachia…”- A news feature via Law 360

This is the latest installment of EcoMeme, a column featuring eco news, tech and business highlights by Lora Kolodny.

Nissan image via

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