Court Dismisses $100M Lawsuit Against U.S. Green Building Council

The United States District Court in New York City has dismissed the $100 million 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.

In the class-action lawsuitthat was filed in the fall of 2010, Gifford of Gifford Fuel Saving Inc. had claimed that homes that have LEED certification actually use 29 percent more energy vs. traditionally built homes, contending that USGBC's claims of up to 50 percent lower energy bills amounted to "false advertising."

The court dismissed the federal false advertising claims “with prejudice,” meaning 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,” says 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.”