Class Action Lawsuit Filed Against USGBC

A class action lawsuit has been filed against the United States Green Building Council. The lawsuit claims fraud and unfair practices against the Council. 

Henry Gifford is the owner of Gifford Fuel Saving. He has long been a critic of the USGBC. In an interesting move, he has originated this lawsuit against the council. He alleges a host of things ranging from fraud to unfair competition. The basic contention appears to be that the group is a monopoly. 

Given the nature of this site, we should start off with a basic statement that should be obvious. We are in favor of green building practices. The idea of building energy efficient structures out of recycled and new materials, etc., is a good one. The waste exhibited by mankind in many of its practices is pathetic. Green building is a movement in the right direction, one that should be sustained. 

Having said all that, the United States Green Building Council is not immune to any criticism. The LEED program has definite weaknesses and some of it is basically a bit of a joke. Are some construction businesses hurt by it? Yes. Could the LEED program be better? Absolutely. Could the structures built under it be of better design? Yes. Does this make the USGBC liable? No. 

The nature of this lawsuit is very odd. The basic foundation upon which it is built is the allegation that the USGBC is a monopoly. Without such a finding, the entire lawsuit falls apart. So, is the council a monopoly? It is hard to see how. It does not mandate its design parameters be followed nor does it sell designs, materials or products per se to the exclusion of the rest of the market. The lawsuit, in and of itself, appears to have little merit. Mr. Gifford might be right in some of his criticisms, but I don’t think this is the place to be making his argument.