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Recent BEPS Articles

17May, 2025

Court Indefinitely Pauses SEC Climate Rule Litigation

By |Saturday, May 17th, 2025|Categories: Environmental Law|Tags: , , , , , , , , |

In a striking development with far reaching implications, the U.S. Court of Appeals for the Eighth Circuit has granted the Motion to Hold Case in Abeyance in the consolidated litigation Iowa v. U.S. Securities and Exchange Commission, the lead challenge to the SEC’s 2024 climate ...

3May, 2025

BEPS Redux: The Most Far Reaching Environmental Legislation of the 2025 Maryland General Assembly

By |Saturday, May 3rd, 2025|Categories: Environmental Law|Tags: , , , , , , , , , , , , |

After this was posted, on May 20, 2025, House Bill 49 became law without the Governor’s signature. This may be the first instance in modern times that a Maryland governor did not sign an enacted bill introduced at the request of that governor. There is ...

26Apr, 2025

New Environmental Laws from the 2025 Maryland Legislative Session

By |Saturday, April 26th, 2025|Categories: Environmental Law|Tags: , , , , , , , , , , , |

After this blog was posted, on September 16, 2025, Governor Wes Moore announced that he was vetoing 23 bills including those indicated below.  The 447th session of the Maryland General Assembly concluded on April 7, 2025. A total of 878 bills passed both chambers. The ...

12Apr, 2025

President Trump’s Bold Step to Rein in State Overreach in Climate Change

By |Saturday, April 12th, 2025|Categories: Environmental Law|Tags: , , , , , , , , |

On April 8, 2025, President Donald J. Trump issued a powerful and consequential Executive Order with the innocuous sounding title, “Protecting American Energy from State Overreach.” The impact of that Executive Order will be far broader than the title belies when it targets “burdensome and ...

5Apr, 2025

Mandatory GHG Disclosures in Maryland Real Estate Contracts

By |Saturday, April 5th, 2025|Categories: Environmental Law|Tags: , , , , , , , , , |

Maryland law now requires specified greenhouse gas emissions disclosures and exchange of performance data in a contract of sale for buildings subject to the state’s Building Energy Performance Standards. Failure to comply with the regulation can have significant financial and legal consequences. Maryland has quietly ...

29Mar, 2025

NYC Building Electrification Ruling is Interesting But Not a Game Changer

By |Saturday, March 29th, 2025|Categories: Environmental Law|Tags: , , , , , , , , , |

On March 18, 2025, a federal judge in the Southern District of New York handed down a ruling in Association of Contracting Plumbers of the City of New York, Inc. et al. v. City of New York, dismissing a challenge to New York City’s Local ...

8Mar, 2025

States Challenge Validity of New York’s Climate Change Superfund Act

By |Saturday, March 8th, 2025|Categories: Environmental Law|Tags: , , , , , , , , |

The recent enactment of the Climate Change Superfund Act in New York has set the stage for a significant legal battle over the scope of state authority to impose financial responsibility for purported climate related damages. The outcome of this litigation could have far reaching ...

13Jan, 2025

Citizens and Businesses Join Suing Maryland to Halt BEPS

By |Monday, January 13th, 2025|Categories: Environmental Law|Tags: , , , , , , , , , , |

Earlier today citizen groups representing the interests of thousands of residents and business associations with thousands of members filed suit in the U.S. District Court against the Secretary of the Maryland Department of the Environment challenging the Maryland Building Energy Performance Standards (BEPS) program as ...

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