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Recent skaplow@stuartkaplow.com Articles

17Dec, 2017

Migratory Bird Treaty Act Reform is for the Birds

By |Sunday, December 17th, 2017|Categories: Environmental Law|

There is now a proposal in Congress to clarify liability under the nearly 100 year old Migratory Bird Treaty Act, reflecting the significant changes over the last century, including the electrification of homes (.. in 1918 less than 30% of American households had electricity), not to mention how energy is produced, transmitted, and distributed.

10Dec, 2017

Blockchain has come to Real Estate

By |Sunday, December 10th, 2017|Categories: Real Estate Law|

Earlier this fall an apartment in Kiev became the first real estate purchased using blockchain, portending a new era in the sale of land and improvements. It is suggested blockchain may do for the $217 trillion real estate market what the Internet did for communication. ...

3Dec, 2017

Green Building Data Risk as an Opportunity

By |Sunday, December 3rd, 2017|Categories: Environmental Law|

Green buildings generate large quantities of data. In an age when many have opinions about Edward Snowden’s disclosures, foreign state sponsored hacking, and Uber’s massive customer data hack, most people have not considered matters of data protection from their real estate, green building or otherwise. ...

12Nov, 2017

LEED v4.1 Announced by USGBC at Greenbuild

By |Sunday, November 12th, 2017|Categories: Environmental Law|

The announcement of the upcoming release of the new LEED version 4.1 by the U.S. Green Building Council was no doubt the biggest story at Greenbuild 2017 in Boston last week. And that is saying a lot because Greenbuild is the world's largest conference and ...

5Nov, 2017

Arbitration is Why There is So Little Litigation in Green Building

By |Sunday, November 5th, 2017|Categories: Environmental Law|

It is surprising to many in the environmental industrial complex that there has been relatively little litigation arising out of green building. There have been only a very modest number of cases commenced in courts across the country involving construction of green buildings. The reason ...

29Oct, 2017

The Systole and Diastole in Recycling

By |Sunday, October 29th, 2017|Categories: Environmental Law|

Recycling is not new. 11,000 years before Christ the people in the Nile valley recognized the intrinsic value of reusing waste. But maybe not since that dawn of civilization has recycling undergone the wide fluctuation, good and bad, that we are seeing right now. The ...

22Oct, 2017

EPA Ends Perverse Practice of “Sue and Settle”

By |Sunday, October 22nd, 2017|Categories: Environmental Law|

“The days of regulation through litigation are over,” according to EPA Administrator Scott Pruitt. In fulfilling his promise to end the practice of regulation through litigation that has harmed the American public, the EPA Administrator issued an agency wide directive on October 16, 2017 designed ...

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