16 Jun '11, 1pm

Architect asks whether LEED-driven legislation is a form of shadow government via @StephenDP

Architect asks whether LEED-driven legislation is a form of shadow government via @StephenDP

Steve – Great observations. Overall, I think that Mr. Liu misses the mark. The USGBC is not a regulatory or even quasi-regulatory body, nor (to my knowledge) has it claimed that status for itself. If a legislative body chooses to reference the LEED standard (or LEED Certification, which implicates not just the USGBC but the GBCI as well), I agree that this raises important constitutional questions regarding nondelegation. (By the way, there’s a pretty good analysis of those questions in a recent Hofstra Law Review Note (39 Hofstra L. Rev. 369). But why should the USGBC be made to answer for these legislative choices? Does the fact that LEED has become the “de facto” standard for green building practices to which a legislature may choose to defer make the USGBC accountable to the body politic writ large? I have a hard time with that. I agree that the IGCC is probabaly the b...

Full article: http://www.greenrealestatelaw.com/2011/06/shadow-governme...

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