Matt – From what I understand, the U.S. Botanic Garden does not support the lawsuit. I believe this to be true because out of the three organizations, the U.S. Botanic Garden has the greatest legal resources and influence. If the USBG was unhappy with the trademark request as filed by UT, they would have joined the legal battle to stop it and we definitely would have heard from their lawyers by now.
The tremendous support the USBG has given to SITES is often overlooked. Their support (via contracts signed with the Wildflower Center) has paid for the vast majority of the SITES committee work and the development of the guidelines and performance benchmarks. For me, it speaks volumes that they have not joined the lawsuit.
I believe resolution is possible, but it may need to occur in a way that allows the parties involved to save face and ensures a more healthy working relationship in the future.
This lawsuit is not good for SITES or the sustainability movement as a whole. The sooner it goes away, the sooner professionals in the landscape design industry become partners and influential members of the green building community. We should all reach out to our leaders and push for resolution.