Legal Commentary

New Orleans -- Susan Dorn, general of the U.S. Green Building Council and its affiliated Green Building Certification Institute, was this morning's keynote speaker at the Green Matters Conference in New Orleans.

The conference (which previously was Green Legal Matters) is taking place through Friday in New Orleans, rescheduled (and with an expanded agenda, to address government, legal, and architecture issues) from its original April calendar slot. 

Dorn outlined USGBC's current status and agendas, noting that about 25% of all U.S. new construction projects are going "green," with 35,000 registered for LEED certification evaluation, and 17,000 organizations are participating in USGBC.  

The agency expects 30,000 attendees at its November Greenbuild conference in Chicago, which will also draw 1,400 exhibitors, she said. The conference will include a three-hour session addressing "all things green legal," said Dorn. 

On the legal agenda, Dorn said there is an effort underway to revamp LEED indemnity clauses, and create a new "Appointment of Agent" form to identify project owners and improve indemnity for contractors and others. USGBC, she said, is making "one last push" to simplify agreements and "put them in plain English." 

They are also evaluting the certification challenge process to make sure submittals and documentation is truthful and accurate -- but notes that the challenge process is not designed to be a dispute resolution service.

A related issue is the perishability of certification. They are considering a two-year limit to challenges. "LEED certification is date-stamped," she explained, and does not extend indefinitely into the future, she notes, due to the continually changing and improving technologies and protocols.  

Interest in LEED certification is expanding internationally, she reported. A new program to address international is expected to launch this year.  An initial roundtable is in the works, with 14 nations already pledged to participate. 

Another key project is green schools, says Dorn, who told the audience about a successful pilot project held here in New Orleans. Green schools address not just health and learning issues, but also cut costs, she said. A new Center for Green Schools has been established at the USGC. 

The agency is also considering requiring conformity with Energy Star protocols, which currently are requested on a voluntary basis.