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Recent skaplow@stuartkaplow.com Articles

22Mar, 2025

Greenpeace Ordered to Pay $667M in Blow to Activism

By |Saturday, March 22nd, 2025|Categories: Environmental Law|Tags: , , , , , , , |

In a landmark decision with profound implications for environmental activism and corporate accountability, a North Dakota jury has rendered a verdict requiring Greenpeace to pay over $660 million in damages to Energy Transfer, the company behind the Dakota Access Pipeline. This outcome stems from Greenpeace's ...

15Mar, 2025

The Most Consequential Day of Environmental Deregulation in American History

By |Saturday, March 15th, 2025|Categories: Environmental Law|Tags: , , , , , , , , , |

EPA Administrator, Lee Zeldin, announced last Thursday, “Yesterday was the most consequential day of deregulation in American history. Alongside President Trump, we announced that the Environmental Protection Agency will take 31 actions to advance his day-one executive orders and power the Great American Comeback.” I ...

8Mar, 2025

States Challenge Validity of New York’s Climate Change Superfund Act

By |Saturday, March 8th, 2025|Categories: Environmental Law|Tags: , , , , , , , , |

The recent enactment of the Climate Change Superfund Act in New York has set the stage for a significant legal battle over the scope of state authority to impose financial responsibility for purported climate related damages. The outcome of this litigation could have far reaching ...

1Mar, 2025

House Votes to Protect the Hot Water Heater in Your House

By |Saturday, March 1st, 2025|Categories: Environmental Law|Tags: , , , , , , , , , , |

On the day after Christmas, in its last days, the Biden administration published a final rule that was effectively a ban on most fossil fueled residential hot water heaters. Last Thursday, the U.S. House of Representatives passed a resolution nullifying the rule. House Joint Resolution ...

22Feb, 2025

EPA Transmits California Electric Vehicle Waivers to Congress for Repeal

By |Saturday, February 22nd, 2025|Categories: Environmental Law|Tags: , , , , , , , , , |

On February 14, 2025, newly appointed U.S. Environmental Protection Agency Administrator Lee Zeldin announced in the Oval Office, alongside President Donald Trump, that the EPA would transmit to Congress requests to repeal of the Biden Administration’s electric vehicle mandates that granted waivers to California. These ...

15Feb, 2025

SEC Reverses Course on Defending its Climate Related Disclosure Rule

By |Saturday, February 15th, 2025|Categories: Environmental Law|Tags: , , , , , , , , |

The U.S. Securities and Exchange Commission has taken a major step toward reversing course on The Enhancement and Standardization of Climate-Related Disclosures for Investors rule (the “Greenhouse Gas Rule”) currently pending in the courts. The Greenhouse Gas Rule adopted by the SEC on March 6, ...

8Feb, 2025

Reliance Letters: An Essential Part of Phase 1 Environmental Site Assessments

By |Saturday, February 8th, 2025|Categories: Environmental Law|Tags: , , , , , , , |

In the realm of commercial real estate transactions, due diligence is a critical step in assessing and mitigating risks. One essential component of this process is the Phase 1 Environmental Site Assessment, which evaluates the environmental contamination on a property. A key document that facilitates ...

1Feb, 2025

Reverse Greenwashing: The Battle Over ExxonMobil’s Recycling

By |Saturday, February 1st, 2025|Categories: Environmental Law|Tags: , , , , , , , |

In the devolving discourse on the role of businesses in climate change responsibility, we are witnessing an unusual, but likely positive phenomenon, "reverse greenwashing." Traditionally, greenwashing refers to businesses exaggerating or fabricating their environmental initiatives to appear more sustainable. Reverse greenwashing, however, occurs when environmental ...

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