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Recent skaplow@stuartkaplow.com Articles

19Jan, 2020

Phase l Assessments for Tenants are the Hottest Environmental Issue in 2020

By |Sunday, January 19th, 2020|Categories: Environmental Law|

The hottest environmental topic for business in 2020, as a result of an amendment to the Superfund law for the first time making clear that tenants can qualify as bona fide prospective purchasers, protected from cleanup costs from the presence of hazardous substances on a ...

14Jan, 2020

100% Tariffs Proposed on your Favorite European Whiskey and Wine

By |Tuesday, January 14th, 2020|Categories: Land Use Law|

The U.S. Trade Representative is reviewing a list of additional European goods, including Scotch whiskies and French wines, for 100% tariffs. The proposed duty to be paid on this very large class of alcoholic beverages will have a huge dollar impact not only on American ...

5Jan, 2020

When Trees Sue for their Own Environmental Preservation

By |Sunday, January 5th, 2020|Categories: Environmental Law|

In the new decade American environmental law will likely expand to include you being sued by the trees. I don’t mean being sued by the Lorax or someone else who “speaks for the trees” but rather the trees will have standing to sue to confront ...

22Dec, 2019

179D Tax Deduction Brought Back to Life thru 2020

By |Sunday, December 22nd, 2019|Categories: Environmental Law|

This past Friday night while aboard Air Force One the President signed legislation reviving the 179D energy efficient commercial buildings tax deduction, providing an enormous and much needed boost to domestic green building. Almost as compelling as the fictional undead being created through reanimation of ...

8Dec, 2019

Maryland Schools will No Longer be LEED Certified

By |Sunday, December 8th, 2019|Categories: Environmental Law|

In response to legislation enacted by the Maryland General Assembly in 2018, overriding a veto by the Governor, commencing last week new public school building no longer has to be LEED certified or the like. This is a major change in public policy for the ...

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 ...

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