The Builders Counsel Blog :: Washington Construction Law :: Seattle Construction Lawyer

High Schools like this one in CO are going green! Does this mean more public attention to the LEED process?

***This post was corrected for error on May 10, 2010. I incorrectly reported that the GBCI had made this ruling, when in fact it was the USGBC. The challenge pre-dated the GBCI Challege Policy***

Chris Cheatham is probably the most informed of the green building law bloggers on the web. Chris maintains a blog called the Green Building Law Update, which is managed by his Washington DC law firm, Crowell Moring.

So, it was no surprise to me to find Chris reporting this morning on the disposition of the first ever LEED certification challenge. Chris’ article reports that the U.S. Green Building Institute (USGBC) handed down its first ever opinion in response to a challenge, denying the claimants’ request and sustaining the Gold certification of the building.

Going forward, the Green Building Certification Institute (GBCI) will handle similar challenges under its LEED Challenge Policy. This challenge pre-dated the creation of GBCI’s procedure.

The project at dispute was a Wisconsin high school that attained LEED Gold Certification. The claimants are a group of concerned taxpayers in the high school’s community.

Chris posted a description of the USGBC ruling that he was provided by its General Counsel:

“(On April 28, the) USGBC concluded its review of a challenge to the certification of a Gold LEED for Schools, that of Northland Pines High School (NPHS) in Eagle River, Wisconsin. In the process of its review, USGBC engaged two extraordinarily qualified engineering consultants (Taylor Engineering and Horizon Engineering) to review the technical merits of the prerequisites and credits in question.  Further, USGBC staff performed a site visit of the school.  After an exhaustive review of the final engineering reports and documentation submitted by NPHS, USGBC concluded that there was sufficient evidence to show that the school’s perquisites and credits had been met.  Thus, no adverse action will be taken as to the LEED certification of NPHS.  Challenges to LEED certification advanced in the future will be undertaken by GBCI; the challenge to NPHS was reviewed by USGBC as a legacy project.”

I share Chris’ opinion that public schools will likely be the focus of GBCI LEED Challenges. The public concern element is at a maximum over those types of buildings. Remember, these are people’s children. Communities will begin to engage themselves in the LEED discussion.

If you want to know more about the GBCI LEED Certification Challenge Policy, read Chris’ earlier post. According to the LEED Policy Manual, the Challenge Policy permits “[p]erson concerned with possible inaccuracy” to raise challenges. Of course, this is a massive group of potential complainants. I wonder whether the GBCI will be able to handle the complaints of such a broad audience. The group of persons provided standing (virtually limitless) to raise a challenge, may have to be narrowed.

Chris welcomes comments about his article and the new Challenge Policy on his website – Please post your comments there.