Ryan Yahne: Rising Star in LEED Certification Law

Ryan Yahne’s interest in sustainable building law doesn’t necessarily stem from the influence of sustainable living he experienced growing up in Santa Monica, Calif. If anything, it was that area’s lack of sustainable planning. “I always thought that the area as a whole was built as non-sustainable as possible. Traffic is terrible; urban sprawl goes seemingly unchecked, etc. It probably showed me more than anything the end-result of poor urban planning and lack of sustainable growth. I realize that the state government is making legislative changes now to reverse the effects,” says the 32-year-old Yahne, principal at Winston & Cashatt Lawyers, and specializing in construction law. Although his awareness of the lack of balance between our culture and our ecosystem began early, it wasn’t until his freshman year at the University of Washington, where he took an anthropology class which provided a window into other ways of life —specifically how certain, indigenous tribes chose to live in harmony with their natural surroundings. From there, he read books by authors like Daniel Quinn and Jared Diamond on the importance of living sustainably, and really started to study the impact our consumption has made on the natural world and the ramifications if we don’t change this rate of consumption soon. Now, like the authors he admires, Ryan is forging his own distinctive path in the field of sustainability. He’s been named a “Rising Star” by Washington Super Lawyers—a magazine listing outstanding attorneys from 70-plus practice areas who have attained a high degree of peer recognition and professional achievement—in large part due to his becoming the only LEED (Leading in Environmental & Energy Design) certified lawyer in Eastern Washington, and just one of 24 in the state. Ryan saw the future of green building becoming a significant segment of the construction industry as opposed to just a trend, and realized the imminent need for advice specific to client’s green building issues. He pursued an online course and studied the LEED manual, taking his certification test in June 2009. A regular writer and speaker on construction, property and green law topics, Ryan is the president of the Spokane County Bar Association’s Young Lawyers Division, as well as a member of the Cascadia Region Green Building Council, Associated General Contractors, and Associated Builders & Contractors. He also serves on various green building and education committees. Why did you decide to become a LEED certified lawyer when the need for legal assistance in this area is minuscule at this time? There is not much litigation particular to LEED issues in the country, let alone Washington….yet. But I believe that eventually there will be, as there are many unique issues pertaining to sustainable building; unique contract issues, building performance issues, design professional standards of care, insurance implications, etc. There are eight LEED Certified buildings in Spokane currently and issues have already come up with some of our clients pertaining to contract language, liability exposure, etc., which is a sign that litigation is bound to follow. What are the challenges of practicing LEED certification law? There is little to no legal precedent to rely on besides standard contract and construction jurisprudence. The new challenges in contract drafting for sustainable and high-performance building projects will change the fundamental dynamics on how a construction project operates, in both good and bad ways. There are many positives, such as when planning for a LEED project it is imperative that all of the principal players of the project (the owner, design professional(s), general contractor) meet early and often so the goals and responsibilities of LEED certification are clearly outlined. Planning ahead will lead to less project delays, mistakes, etc. which should cut down on legal disputes. Some worrisome issues for sustainable building participants include the increased liability exposure when building a structure that is supposed to “perform”; i.e. this building will save X amount in energy costs, etc. When you add performance promises to the usual exposure people have on construction projects, you can increase the risk, and ultimately cost, significantly. If there is one thing you think people should be more aware of in regards to sustainability, what would it be? As far as sustainable building, I would advise people and companies to really consider using these methods, even if they have no interest in having their building or home LEED certified. This is due to the fact that up-front costs have come significantly down from years’ past. Because more and more people and companies are using sustainable methods and materials, it has led to increased competition and thus lower costs. This, in turn, can significantly reduce the pay-back period, or the period of time in which the energy costs saved can cover the initial increase in up-front costs. What would you like to see happen in the next year regarding sustainability in Spokane? I would like to see more incentive for private owners to build using sustainable methods. Ideas like tax incentives, reduced permit fees, expedited permits for LEED projects, incentives for doing a major renovation of an existing structure, etc. have worked well in other cities and should be explored for Spokane. I do believe that our city will soon fully embrace the sustainable building movement and make these changes to encourage it. For better or worse, Spokane has become more progressive than it has ever been over the last decade, resulting from a number of factors over the years. Anything else you’d like people to know about you? The trend toward green design and construction practices has surfaced a specialized set of contract, performance and litigation considerations that require expertise and training in sustainability issues. My approach to practicing law has always been pro-active. My clients and the firm benefit when we can be early leaders in appreciating and navigating the legal nuances and implications that can arise while trying to achieve LEED standards.