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Recent skaplow@stuartkaplow.com Articles

23Apr, 2023

Court Saves Gas Stoves from the Government

By |Sunday, April 23rd, 2023|Categories: Environmental Law|Tags: , , , , , |

“By completely prohibiting the installation of natural gas piping within newly constructed buildings, the City of Berkeley has waded into a domain preempted by Congress,” is the opening sentence and ultimate holding in the April 17, 2023, decision of the Ninth Circuit Court of Appeals ...

16Apr, 2023

Do You Own Your GHG Emission Data?

By |Sunday, April 16th, 2023|Categories: Environmental Law|Tags: , , , , , , , |

As governments and businesses alike try to measure their carbon footprint and strive to reduce their greenhouse gas emissions to limit the damage caused by climate change, there is increased interest in GHG emissions data. GHG emissions data is hugely important, including that ownership can ...

8Apr, 2023

GHG Emissions Poll Provides Strategies for Business

By |Saturday, April 8th, 2023|Categories: Environmental Law|Tags: , , , , , |

While the term greenhouse gas emissions easily rolls off the tongue these days and there has been a ballooning of net zero GHG commitments by government and non-state actors alike, this is all still a very new idea and in point of fact, as of April 2023, ...

2Apr, 2023

Executional Greenwashing is a Thing

By |Sunday, April 2nd, 2023|Categories: Environmental Law|Tags: , , , , , , |

Greenwashing is a term used to describe the marketing tactic of making false or misleading claims about a product or service's environmental benefits. “Executional greenwashing” is a neologism characterizing the way in which a business promotes or executes an environmental initiative, rather than the actual ...

26Mar, 2023

Maryland is Leading the Transition to All Electric Buildings

By |Sunday, March 26th, 2023|Categories: Environmental Law|Tags: , , , , , , , |

There is a move toward all electric buildings as a way to reduce greenhouse gas emissions and combat climate change. The state of Maryland is leading the way in this movement, including several local jurisdictions adopting all electric building code laws. All electric building codes ...

19Mar, 2023

Endangered Northern Long Eared Bat is a Victim of Biodiversity Degradation

By |Sunday, March 19th, 2023|Categories: Environmental Law|Tags: , , , , , , |

Biodiversity degradation is an existential crisis playing out right now in front of our eyes. Less than a week before the effective date of the uplisting of the northern long-eared bat from threatened to endangered under the Endangered Species Act, the U.S. Fish and Wildlife ...

12Mar, 2023

The Environmental Catastrophe that is PFAS will see Movement in 2023

By |Sunday, March 12th, 2023|Categories: Environmental Law|Tags: , , , , , |

Just two days after this article was posted EPA proposed legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water. EPA anticipates finalizing the regulation by the end of 2023. The EPA announcement said, “that if fully implemented, the rule will ...

5Mar, 2023

Biden Veto of Repudiation of ESG Worker Savings Rule a Positive for ESG

By |Sunday, March 5th, 2023|Categories: Environmental Law|Tags: , , , , |

Last week Congress voted to approve House Joint Resolution 30 seeking to nullify the Department of Labor “ESG Rule” concerning fiduciary duties with respect to employee benefit plans. Under that final rule, issued on December 1, 2022, retirement plan fiduciaries may expressly consider environmental, social, and ...

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