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Recent skaplow@stuartkaplow.com Articles

21Jul, 2019

Cannabis Manufacturer Charged with RCRA but No CDS Violations

By |Sunday, July 21st, 2019|Categories: Environmental Law|

In a criminal case that says significantly more about the prosecution than the indictment on its face, the Federal government is prosecuting a leading cannabis industry manufacturer and distributor for criminal transportation of hazardous waste. The Resource Conservation and Recovery Act ("RCRA") was enacted in ...

14Jul, 2019

USGBC Wants You to Comment on the Next Version of LEED

By |Sunday, July 14th, 2019|Categories: Environmental Law|

The U. S. Green Building Council is looking for the future of LEED and has officially opened a call for feedback and ideas for the next version of LEED. This is an opportunity for anyone and everyone to influence the next version of the most ...

30Jun, 2019

Net Zero Lawsuit Filed Against Home Builder

By |Sunday, June 30th, 2019|Categories: Environmental Law|

A lawsuit has been commenced in Maryland alleging that two net zero homes are not. The facts are gleaned from a review of the court pleadings and are instructive for everyone buying or selling a green building. The complaint alleges the defendant home builder and ...

9Jun, 2019

Maryland Reverting to Certifiable In Lieu of Certified Green Building

By |Sunday, June 9th, 2019|Categories: Environmental Law|

In response to an act of the Maryland legislature in 2018, the state is proposing a watershed revamp of its current mandatory green building requirements for new public school buildings. The public is being invited to comment on the proposal. Existing State Finance and Procurement ...

2Jun, 2019

EPA Cancels Pesticide Registrations to Save the Bees

By |Sunday, June 2nd, 2019|Categories: Environmental Law|

In a rare move, the EPA issued product cancellation orders for certain pesticides effective May 20, 2019. The pesticides contain neonicotinoids that, despite their widespread use have become controversial when laboratory studies reported a link between neonicotinoids and declining bee populations, although a link has ...

26May, 2019

GSA Reviews more than 100 Green Building Systems and Recommends 5

By |Sunday, May 26th, 2019|Categories: Environmental Law|

Section 436(h) of the Energy Independence and Security Act of 2007 requires the General Services Administration’s Office of Federal High-Performance Buildings to complete a review of high performance building certification systems every 5 years. After the review, GSA recommends to the Secretary of Energy the ...

12May, 2019

Recycled Restaurant Waste Cooking Oil Can Trigger Insurance Pollution Exclusion

By |Sunday, May 12th, 2019|Categories: Environmental Law|

In a case having broad implications given the wide mandatory recycling of restaurant waste cooking oil across the country, in a decision filed on April 29, 2019, a federal appeals court held that contaminated recycled fat could trigger the “pollution exclusion” in an insurance policy. ...

5May, 2019

Maryland Appellate Court Upholds Local Government Pesticide Ban

By |Sunday, May 5th, 2019|Categories: Environmental Law|

Last week the Maryland Court of Special Appeals, the state’s intermediate appellate court, overturned an earlier circuit court decision, reinstating a Montgomery County ordinance significantly restricting pesticide use throughout the County. In October 2015, the Montgomery County Council enacted Bill No. 52-14 becoming the first ...

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