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Recent skaplow@stuartkaplow.com Articles

30Nov, 2024

PepsiCo Wins Dismissal of New York Greenwashing Lawsuit Alleging Plastic Pollution

By |Saturday, November 30th, 2024|Categories: Environmental Law|Tags: , , , , , , , |

After this blog was posted, on December 9, 2024, Letitia James, the Attorney General of the State of New York filed a Notice Of Appeal of her office’s loss described below, to the Supreme Court of the State of New York. On October 31, PepsiCo ...

23Nov, 2024

Maryland Government is Coming for Your Fossil Fuel Appliances – Again

By |Saturday, November 23rd, 2024|Categories: Environmental Law|Tags: , , , , , , , , |

Maryland is proposing to ban fossil fuel burning equipment in buildings (e.g., furnaces, boilers, water heaters, clothing dryers, etc.) with two new programs, a Clean Heat Standard and Zero-Emission Heating Equipment Standard. Flying in the face of what is being done elsewhere across the country ...

16Nov, 2024

29 Billion Square Feet of LEED Certified Space and Counting

By |Saturday, November 16th, 2024|Categories: Environmental Law|Tags: , , , , , , , , , |

Last Thursday, during the 2024 Greenbuild International Conference and Expo, the U.S. Green Building Council unveiled its Impact Report: Accelerating Green Building to Improve Lives and Livelihoods. This comprehensive review celebrates three decades of innovation in sustainable building with a current capstone of more than ...

9Nov, 2024

Voters Save Gas Stoves from Government Ban Portending More ..

By |Saturday, November 9th, 2024|Categories: Environmental Law|Tags: , , , , , , , , , |

While many Americans were focused on the presidential election last Tuesday, citizens from Washington State and others interested in energy were paying attention to a successful Washington voter initiative protecting access to natural gas for homes and businesses, including preventing regulatory actions to limit access ...

31Oct, 2024

Ocean City and Others File Lawsuit to Reverse Offshore Wind Approval

By |Thursday, October 31st, 2024|Categories: Environmental Law|Tags: , , , , , , , , , , , |

A significant lawsuit was filed last week asking the Federal Court for an order “holding unlawful, vacating, and setting aside [the] September 4, 2024 decision approving the Construction and Operations Plan for the Maryland Offshore Wind Project,” the first phase of which would have permitted ...

26Oct, 2024

Lawsuit Challenges D.C. Gas Appliance Ban and Net Zero Building Code

By |Saturday, October 26th, 2024|Categories: Environmental Law|Tags: , , , , , , , , , , , , , , |

A lawsuit worthy of attention has been filed seeking to halt the implementation of Washington D.C.’s gas appliance ban and net zero building code. That complaint is nearly identical to the litigation commenced on the same day last week against Montgomery County, Maryland seeking to stop ...

18Oct, 2024

Lawsuit Charges Montgomery County Gas Appliance Ban is Preempted and Void

By |Friday, October 18th, 2024|Categories: Environmental Law|Tags: , , , , , , , , , , , |

Earlier today more than half a dozen business and labor groups filed suit seeking a permanent injunctive against enforcement of Montgomery County, Maryland Bill 13-22: Buildings - Comprehensive Building Decarbonization, which bans the use of gas appliances in new construction. A partnership of business and ...

12Oct, 2024

Federal Court Reinstates Greenwashing Case Over Aspirational Statements

By |Saturday, October 12th, 2024|Categories: Environmental Law|Tags: , , , , , , |

A recent ruling from a federal appellate court is bringing new attention to claims of greenwashing including specifically that a business’s aspiration statements about environmental matters (e.g., “we will be net zero greenhouse gas emissions by 2040” or “we will use at least 50% recycled ...

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