Tag Archives: USGBC

What LEED Statistics Tell Us?

The U.S. Green Building Council's LEED rating system dominates brand acceptance and market share in the business of green building and is a driver in the larger environmental industrial complex. So a review of LEED statistics can be telling, not only about the state of green building, but about trends and future opportunities.… Continue Reading

Attend Greenbuild: The Best Way To Grow Your Business

Greenbuild 2014 in New Orleans will be "the" target rich environment for green building people this year. And for those who will complain that this blog post is shameless promotion of USGBC, that might be true, but it is also correct that Greenbuild has been the number one source of new business for my green building law firm!… Continue Reading

LEED v4 has a New and Improved Registration Contract

As a sustainability and green building attorney my personal favorite provision in the new LEED v4 Certification Agreement is the very first sentence that includes the warning, "YOU REPRESENT THAT YOU HAVE CONSULTED WITH AN ATTORNEY ABOUT YOUR RIGHTS AND OBLIGATIONS HEREUNDER". You may give me a call at any time.… Continue Reading

20,000th LEED Project Is Certified

Earlier this month, while few people were watching, the 20,000th LEED commercial project was certified! And while this is project is a noteworthy milestone, the "bigger deal" may be that there are more than 36,000 other commercial and industrial projects currently in the LEED pipeline creating huge business opportunities.… Continue Reading

A Green Building Game of Thrones

"Winter is coming."   This is the common refrain in the popular book, Game of Thrones, in which kings vie to take over lands.  As I thought about the green building policy mess of 2012, I couldn’t help but draw comparisons to Game of Thrones.  This was supposed to be the year of the USGBC’s … Continue Reading

Breaking: Lawsuit Against USGBC Dismissed

The United States District Court for the Southern District of New York has dismissed Henry Gifford’s lawsuit (PDF) against the US Green Building Council. Gifford originally filed a class action lawsuit for $100 million dollars based on the alleged false advertising by the USGBC.  The lawsuit was later amended to only cover four plaintiffs but the … Continue Reading

Breaking: USGBC Moves Quickly To Revise Challenge Policy

The law moves at glacial speeds.  The USGBC does not.  On June 21, 2010, I wrote a blog post titled "Green Building Challenge Policy Requires Fixes."  My post detailed problems with the LEED certification challenge policy, as published in the LEED Certification Policy Manual.  You may recall that I wrote on, and on, and on … Continue Reading

GSA Pushes For Reforms to Green Bulding Certification

The green building industry has been besieged the last few years with stories about buildings not performing as anticipated.  It appears the federal government has taken notice, and is pushing reforms to green building certification, based on comments by one high-ranking General Services Administration official:   “’One of the things that I tease the USGBC … Continue Reading

3 Reasons Why Your Green Building Regulation is a Problem

On Wednesday, I posited that codifying the LEED rating system, or any other third party green building rating system, is not a viable option for an entire state.   Why?  Here are three primary considerations:   1.  There are troubling antitrust issues associated with the LEED rating system.  These antitrust issues are significantly exacerbated by the … Continue Reading

Green Building Groups Oppose Green Building Regulations

These are strange times for the green building industry.  Last week, California prepared to vote on new green building codes that would improve energy efficiency, water use and waste reduction in the construction industry.  Normally you would anticipate that environmental groups and green builders would applaud these measures, right? Not quite.   "[P]arts of the state’s … Continue Reading

Green Building Regulations To Face Increased Scrutiny

A coalition of forest product companies ("the Coalition") has filed a complaint with the Federal Trade Commission (FTC) regarding, in part, the United States Green Building Council’s preference for Federal Stewardship Council-certified (FSC) wood products. The Coalition has asked the FTC Bureau of Competition to provide guidance to the USGBC and other rating systems regarding the … Continue Reading

USGBC Accused of Anti-competitive Practices

We may be settling into 2010, but one unresolved legal development in 2009 could have a broad impact on the future of the green building industry. On October 20, 2009, the Coalition for Fair Forest Certification ("the Coalition") filed a complaint with the Federal Trade Commission (pdf), alleging anti-competitive behavior by the Forest Stewardship Council (FSC) … Continue Reading