Suit dismissal shines light on green-building challenge - The Tennessean

On Aug. 17, U.S. District Court in New York dismissed a lawsuit against the United States Green Building Council (USGBC), effectively ending the false arguments against the nonprofit organization.

The revised lawsuit that ultimately was dismissed alleged the USGBC engaged in false advertising or claims about the energy performance of Leadership in Energy and Environmental Design (LEED)-certified buildings after occupancy.

The basis for these claims ignored the truth regarding how we design and construct buildings and what happens to energy performance after occupancy. This lawsuit missed the point of what the USGBC is trying to do and the purpose of LEED, which is to reduce our impacts on the environment and people while contributing positively to the bottom line.

The purpose of the "LEED for Building Design plus Construction" rating system is to certify the design and construction of a building in multiple environmental categories, one of which is energy-related. The new construction rating system also potentially saves materials and resources, significant amounts of water, minimizes pre- and post- construction waste, restores local habitats, reduces indoor air pollution, and educates occupants and visitors. While this process intends to set up conditions that lead to less energy consumption during operations, it does not have a true operational component. Another LEED-certification component, "LEED for Existing Buildings: Operations and Maintenance," picks up after the building is occupied.

LEED does not guarantee a building will save energy. The design of a building can only set up the proper conditions for operating "efficiently." Design alone can't deliver the often expected results. The work of being green or efficient doesn't stop at the end of the design and construction process.

No matter how well we design and construct a building, many variables can have an effect on the energy-consuming performance. The task of minimizing utility use does not end when occupancy of a building begins. In fact, this is when the work begins. Like a new car, a new building can potentially achieve a certain level of performance, but it must be maintained and optimized on a continuing basis.

While many LEED-certified buildings might not be operating as expected, it's no mystery what can be done to improve a building's performance. Unfortunately, many are still trying to discredit the good work the USGBC has done to date. LEED isn't perfect, but it's the best tool we currently have.

This lawsuit did not directly do much for the design, construction or operations community or the green-building movement. But maybe we can use this exposure to shine a light on the real challenges we face in pushing the performance bar of buildings even higher.