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Recent skaplow@stuartkaplow.com Articles

17Oct, 2026

Australia’s High Court Puts Scope 3 GHG Emissions Back on the U.S. Business Risk Map

By |Saturday, October 17th, 2026|Categories: Environmental Law|Tags: , , , , , , , , |

Many American businesses welcomed the SEC’s retreat from proposed Scope 3 greenhouse gas emissions reporting. But an Australian High Court decision shows why value chain emissions remain a material legal risk. The court invalidated a coal mine expansion approval because the planning authority failed to ...

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10Oct, 2026

D.C. Circuit Upholds PFAS Hazardous Designation – Critical Implications for Real Estate

By |Saturday, October 10th, 2026|Categories: Environmental Law|Tags: , , , , , , , , |

For commercial real estate owners and business professionals, the landscape of environmental liability continues to shift. The recent decision by the U.S. Court of Appeals for the D.C. Circuit in Chamber of Commerce of the United States of America v. EPA has unequivocally affirmed the ...

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3Oct, 2026

TMDL Trump Executive Order – Why the Chesapeake Bay “Pollution Diet” Remains Intact

By |Saturday, October 3rd, 2026|Categories: Environmental Law|Tags: , , , , , , , |

On September 16, 2026, President Trump issued Executive Order 14428, revoking President Obama’s 2009 Chesapeake Bay Executive Order (EO 13508) and directly taking aim at what Mid-Atlantic lawmakers have long derided as the “rain tax.” However, before commercial real estate owners celebrate the death of ...

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26Sep, 2026

Maryland’s Packaging EPR Program Moves From Law to Reality

By |Saturday, September 26th, 2026|Categories: Environmental Law|Tags: , , , , , , , , |

Maryland’s latest environmental mandate is no longer just a legislative concept. It is becoming an operating program. In 2025, Maryland enacted Senate Bill 901, establishing an Extended Producer Responsibility (EPR) framework for packaging and paper products. Governor Wes Moore signed the legislation on May 13, ...

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19Sep, 2026

Exposomics – The New Environmental Risk You Have Not Heard About

By |Saturday, September 19th, 2026|Categories: Environmental Law|Tags: , , , , , , |

For decades, environmental risk focused on the visible and catastrophic: spills, smokestacks, contaminated properties, while doling out punishments after the damage was done. Now a quieter and potentially far more consequential ‘ecological meets human health’ issue is moving to the center of scientific and commercial ...

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12Sep, 2026

Clean Water Isn’t a Constitutional Right? Fifth Circuit Says No

By |Saturday, September 12th, 2026|Categories: Environmental Law|Tags: , , , , |

Can a government be held constitutionally accountable when it supplies contaminated drinking water, and then tells residents the water is safe? According to the U.S. Court of Appeals for the Fifth Circuit, the answer is not under the U.S. Constitution’s Due Process Clause. In a ...

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5Sep, 2026

The Air We Breathe – Indoor Air Quality Is Becoming a Real Estate Issue

By |Saturday, September 5th, 2026|Categories: Environmental Law|Tags: , , , , , , , |

The most dangerous environmental threat is the one we breathe every day. Air pollution is the world’s largest environmental health risk, responsible for roughly 7 million premature deaths each year, according to the World Health Organization. For real estate owners, however, the more surprising issue ...

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29Aug, 2026

The Land Isn’t Moving, But Its Coordinates Are – What the 2026 GPS Modernization Means for Real Estate

By |Saturday, August 29th, 2026|Categories: Environmental Law|Tags: , , , , , , , |

Long before satellites orbited the Earth, humans relied on the stars and the sun to find their way. Today, GPS does far more than help us find an address. It underlies surveying, mapping, construction, agriculture, utilities, engineering, and countless commercial real estate applications. That is ...

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