Court dismisses lawsuit against USGBC

Decision is final and plaintiffs are barred from filing a new suit

By Ashley Katz

The U.S. District Court in New York City dismissed in its entirety a lawsuit brought against the U.S. Green Building Council.

The United States District Court in New York City 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 Court dismissed the federal false advertising claims “with prejudice,” meaning that the Court’s dismissal of those claims 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.”