Can We (Anti)Trust LEED?: An Analysis of the Antitrust Implications for the Green Building Movement

Abstract

Sustainable construction and energy efficient structures are en vogue, and a “green building movement” has produced buildings all over the country and the world that are constructed from sustainable, energy efficient materials meant to minimize the building’s impact on the environment. A leader in this movement is the U.S. Green Building Council (USGBC), a private, non-profit organization that stresses sustainability in all areas of construction. The USGBC’s flagship work is a rating system called Leadership in Environmental Design (LEED) that measures and endorses the sustainability of a building. The success of this movement in general and the LEED rating in particular could be compromised, however, by the possibility of antitrust liability deriving from the widespread adoption of the LEED standard. This Note examines the green building movement and relevant antitrust case law and recommends ways that the USGBC can avoid antitrust scrutiny and continue its important work.