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Recent skaplow@stuartkaplow.com Articles

1Dec, 2019

2018 IgCC is Not in Use Anywhere. A Detailed Analysis of Why?

By |Sunday, December 1st, 2019|Categories: Environmental Law|

The 2018 International Green Construction Code was released on November 8, 2018 but more than a year later, it has not been adopted anywhere. The 203 page document available from the ICC for sale to the public, .. click here for a free read only copy of the 2018 IgCC, is an entirely new standard and bears little, if any relationship to earlier IgCC versions.

17Nov, 2019

PFOA Contamination is Now Found in 49 States

By |Sunday, November 17th, 2019|Categories: Environmental Law|

Two weeks ago, New York Attorney General Letitia James commenced a civil suit against the nation’s largest chemical manufacturers and several firefighting foam makers for what the complaint alleges is contamination of water supplies across the state with PFOAs, averring strict liability for public nuisance, ...

11Nov, 2019

What You Can Say about RECs is Regulated by the FTC

By |Monday, November 11th, 2019|Categories: Environmental Law|

Businesses who generate renewable energy, say, by using solar panels, but sell the Renewable Energy Credits (RECs) for the renewable energy they generate shouldn’t claim they “use” renewable energy. The Federal Trade Commissions has advised that such a claim would be deceptive. The guidance from ...

4Nov, 2019

An HREC is Not a REC in a Phase I Environmental Site Assessment

By |Monday, November 4th, 2019|Categories: Environmental Law|

I review a large number of Phase I environmental site assessments, and year in, year out, the largest number of questions I field are about Historical Recognized Environmental Conditions. The environmental professionals who perform those assessment generally do not take heed of Eduardo Galeano’s quote, ...

27Oct, 2019

FTC Finds Truly Organic is Not

By |Sunday, October 27th, 2019|Categories: Environmental Law|

By way of a federal court order that became final last month, Truly Organic Inc. and its founder will pay $1.76 million to settle a Federal Trade Commission greenwashing complaint alleging that their nationally marketed bath and beauty products are neither “certified organic” nor “vegan” ...

20Oct, 2019

Government to Allow Less Lead in Drinking Water

By |Sunday, October 20th, 2019|Categories: Environmental Law|

EPA is expected to publish this week in the Federal Register the first proposed regulatory revisions to the National Primary Drinking Water Regulation for lead in more than 30 years. The United States has made tremendous progress in lowering children’s blood lead levels (.. children ...

13Oct, 2019

ESG Disclosure Simplification Act Passes Committee But Will Fail

By |Sunday, October 13th, 2019|Categories: Environmental Law|

On September 20, 2019, the Financial Services Committee in the U.S. House of Representatives passed H.R. 4329, the ESG Disclosure Simplification Act of 2019. The bill would require all public companies to disclose “environmental, social, and governance [ESG] metrics” as material information about the company. ...

6Oct, 2019

LEED Offers Companies a Response to Declining Bird Populations

By |Sunday, October 6th, 2019|Categories: Environmental Law|

In response to a much publicized new study on North American bird populations that appeared in the journal Science last month, we received a significant number of inquiries from businesses about what an appropriate response might be from a responsible company? The study found “cumulative ...

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