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Recent Environmental Law Articles
New BREEAM In Use Version in a Changing World
By Stuart Kaplow|2022-01-22T15:25:47-05:00Monday, May 18th, 2020|Categories: Environmental Law|
Last week BRE Global announced that the “BREEAM USA In-Use Version 6 for Commercial and Residential” green building rating system has launched. In addition to improvements to the prior commercial building rating system BREEAM In-Use now includes residential for the first time (accepting that existing ...
The New and Improved 2020 ICC 700 National Green Building Standard
By Stuart Kaplow|2022-01-22T15:25:46-05:00Sunday, May 10th, 2020|Categories: Environmental Law|
The 2020 version of the ICC 700 National Green Building Standard (NGBS) is now available for free download and public use. You care about this because the NGBS is the most used green building standard in the United States. As of April 1, 2020, more ...
COVID-19 and the Risk from Recirculated Air in Buildings
By Stuart Kaplow|2022-01-22T15:25:45-05:00Thursday, April 30th, 2020|Categories: Environmental Law|
The Federation of European Heating, Ventilation and Air Conditioning Associations (REHVA) has in recent days issued guidance on how to occupy commercial and public buildings, from offices to schools, “in order to prevent the spread of the coronavirus.” As Americans begin to end coronavirus disease ...
Supreme Court Permits State Law Claims Against Superfund Property
By Stuart Kaplow|2022-01-22T15:25:43-05:00Sunday, April 26th, 2020|Categories: Environmental Law|
In an instructive environmental law decision last week, the U.S. Supreme Court held that the federal Superfund statute (the Comprehensive Environmental Response, Compensation and Liability Act) does not preclude owners of adjacent contaminated land from pursuing state laws claims for money damages for nuisance, trespass ...
Maryland Enacts New Environmental Laws in 2020
By Stuart Kaplow|2022-01-22T15:25:42-05:00Tuesday, April 7th, 2020|Categories: Environmental Law|
The 440th session of the Maryland General Assembly commenced on January 8, 2020. The 90 day session was, for the first time since the Civil War cut short, ending three weeks early (.. of note, the predecessor, appointed not elected, General Assembly of Maryland was ...
Understand How EPA Does Not Expect to Seek Penalties during COVID-19 Pandemic
By Stuart Kaplow|2022-01-22T15:25:41-05:00Sunday, March 29th, 2020|Categories: Environmental Law|
The U.S. Environmental Protection Agency announced last Thursday retroactively beginning March 13, 2020, a temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic. EPA's admittedly unprecedented temporary “enforcement discretion policy” applies to civil violations during the COVID-19 outbreak as a response ...
LEED can Help Mitigate Legal Risks in ESG Disclosures
By Stuart Kaplow|2022-01-22T15:25:40-05:00Sunday, March 8th, 2020|Categories: Environmental Law|
Public companies in the U.S. find themselves at a dynamic time of emergent environmental, social and governance (“ESG”) disclosures. Vocal socially conscious investors, activist stockholder environmental proxy proposals, and the like are driving companies to make ESG statements. This blog post highlights the legal risk ...
179D Tax Deduction Allocated from Government Buildings
By Stuart Kaplow|2022-01-22T15:25:39-05:00Sunday, February 23rd, 2020|Categories: Environmental Law|
On December 20, 2019, the President signed legislation reviving the Section 179D energy efficient commercial building tax deduction and while much has been written about the much needed boost to green building, little has been said about the enormous benefits available from government owned buildings. ...











