Vinyl Flooring Industry Withdraws NY Green Challen

Albany, NY, June 3--The vinyl flooring industry has withdrawn a lawsuit challenging New York's green building regulations. Vinyl is not listed as a "green" building material, according the Albany Business Review. The decision to withdraw the Article 78 challenge to the state Department of Environmental Conservation's Green Building Tax Credit regulations came just a week before the June 6 date on which hearings were set for the suit in state Supreme Court in Albany County. The industry decision to back down from a lawsuit they spent months gearing up for is a big win for the state and the green regulations, said Judith Enck, environmental adviser to Attorney General Eliot Spitzer. But Bill Hall, the attorney representing the Resilient Floor Covering Institute--which represents Armstrong Floors, Congoleum, Amtico, Vinylasa, Mannington and Domco Tarkett Inc.--said the industry backed away from the lawsuit because the state indicated that some vinyl flooring could be used in green buildings. The industry initiated the action in October 2000, soon after the regulations were promulgated. The regulations spelled out just what standards landlords, tenants and contractors had to meet to enjoy state tax credits. A total of $25 million was set aside under the May 2000 law to pay for these credits, said DEC spokesman Michael Frasier. "It is trailblazing legislation and a trailblazing concept," Enck said. The vinyl flooring industry wanted vinyl floor coverings included in the list of flooring materials, along with cork, concrete, recycled wood, and linoleum, whose use qualifies a building for a tax credit. "They sought to have the regulation as it pertains to flooring declared invalid and arbitrary and illogical and they also requested that their specific product, vinyl floor covering, be inserted into the regulation by a court," said Assistant Attorney General John Sipos, who handled the case. Since the manufacture of vinyl requires a number of chemicals, many of which are hazardous or carcinogens, including vinyl as a green building material is not credible, Enck said. On May 14, the Attorney General's Office responded to the industry's Article 78 petition with a stack of affidavits. The affidavits, from state and federal environmental and regulatory officials, all basically rejected the idea that vinyl is an environmentally benign material. On May 23, the industry asked to withdraw its filing. A key industry concern had been met so the lawsuit was being withdrawn, said Hall. The Attorney General's Office claimed victory because of the industry decision to discontinue the case. But Hall said the industry still reserves the right to challenge the regulations when they are up for review next year. "One of our objectives was to determine the circumstances under which vinyl flooring could be used," said Hall. "DEC has said it can be used in a green building under certain circumstances." Under the regulations, as long as 50 percent of a building's floor coverings are composed of a listed material, the building qualifies for a tax credit. So some vinyl flooring can be used, Fraiser said. But that standard was in the original regulations, Enck said, and that fact had been pointed out to the industry.

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