In This Edition:
*Law & Policy Updates:
..Henry Gifford’s Lawsuit Against U.S. Green Building Council Dismissed; LEED 101: A Look at the Proposed LEED Update - LEED 2012; and ML Strategies Energy and Environment Update
*Recent Articles & News
*Questions or Comments?
Excerpt from Law & Policy Updates Henry Gifford’s Lawsuit Against U.S. Green Building Council Dismissed
A New York federal judge has held that Henry Gifford and three other design professionals cannot sue the U.S. Green Building Council (USGBC) for false advertising under the federal Lanham Act in connection with the USGBC’s Leadership in Energy and Environmental Design (LEED) ratings system for buildings. Judge Leonard Sand held that plaintiffs did not have standing under either one of the two tests for standing under the Lanham Act used in the Second Circuit because plaintiffs are not direct competitors of USGBC and could not allege any commercial interest damaged by USGBC’s purportedly false statement. But the argument over energy efficiency in buildings and what is a “green building” is far from over.
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