Court Dismisses Lawsuit Against U.S. Green Building Council

The Court dismissed the federal false advertising claims.

Washington, D.C. -- The United States District Court in New York City today dismissed in its entirety the lawsuit brought against the U.S. Green Building Council 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 class action suit seeking $100 million in damages alleged that the USGBC falsely advertised that LEED-certified buildings are energy efficient. 

The Court dismissed the federal false advertising claims "with prejudice," meaning that the dismissal is final and that plaintiffs are barred from filing a new suit based on those claims. The Court's ruling simultaneously dismissed plaintiffs' state-law false advertising claims.

"This successful outcome is a testament to our process and to our commitment to do what is right," said Rick Fedrizzi, president, CEO and founding chair, USGBC. "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."

(More at the Green Building Law Update . . . )