Court Dismisses Lawsuit against USGBC

The United States District Court in New York City has dismissed in its entirety a lawsuit brought against the U.S. Green Building Council (USGBC) by Henry Gifford and others, holding that none of the plaintiffs in the action had alleged or could allege any legal interest to be protected by their lawsuit.

The initial suit was submitted to the Southern District of New York on May 6, 2011, and oral arguments were heard on July 26, 2011.

According to the USGBC, the Court dismissed the federal false advertising claims “with prejudice,” meaning that the Court’s dismissal of those claims is final and the plaintiffs are barred from filing a new suit based on those claims.

The Court’s ruling simultaneously dismissed plaintiffs’ state law false advertising claims.

In a statement following the court decision, Rick Fedrizzi, president, CEO and founding chair of the USGBC, says, “This successful outcome is a testament to our process and to our commitment to do what is right. Thousands of people around the world use LEED because it’s a proven tool for achieving our mission of transforming the built environment. We’re grateful that the Court found in our favor so we can give our full attention to the important work before us.”

The USGBC is an organization of 16,000 member groups, 79 local affiliates and 168,000 LEED professional credential holders. The group’s mission statement is to provide a prosperous and sustainable future through cost-efficient and energy-saving green buildings.

To view the decision, click here (may need to register to view file) http://www.greenrealestatelaw.com/wp-content/uploads/2011/08/Gifford-dismissal-order-081511.pdf