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Recent Kaplow Articles

11Jul, 2026

Rollback of Federal Appliance Efficiency Standards Happening – What Businesses Need to Know

By |Saturday, July 11th, 2026|Categories: Environmental Law|Tags: , , , , , , , , |

The U.S. Department of Energy has proposed one of the most significant changes to federal appliance regulation in decades. While much of the public debate has focused on dishwashers and gas stoves, the proposal has implications far beyond the kitchen. Manufacturers, builders, retailers, property owners, ...

5Jul, 2026

The Supreme Court’s Monsanto Decision – Why Businesses Far Beyond the Herbicide Industry Should Pay Attention

By |Sunday, July 5th, 2026|Categories: Environmental Law|Tags: , , , , , , , , |

The U.S. Supreme Court's June 25, 2026, decision in Monsanto Co. v. Durnell is being reported in the mass media as another chapter in the long running Roundup mass tort litigation. That characterization misses the larger story about the Court amassing power for itself and ...

27Jun, 2026

California Extended Producer Responsibility Law Challenged in Federal Court

By |Saturday, June 27th, 2026|Categories: Environmental Law|Tags: , , , , , , |

California’s experiment with extended producer responsibility (EPR) has finally met significant resistance. Seventeen states, joined by the National Association of Wholesaler Distributors, have filed suit in federal court challenging California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act, which was SB 54. The case, State ...

20Jun, 2026

Clean Water Act Citizen Suits Face Higher Burden After Fourth Circuit PFAS Ruling

By |Saturday, June 20th, 2026|Categories: Environmental Law|Tags: , , , , , , , , |

Businesses facing PFAS compliance challenges received an important victory in a court decision this month when the U.S. Court of Appeals for the Fourth Circuit vacated a preliminary injunction that had barred The Chemours Company from discharging PFAS compounds above permit limits into the Ohio ...

13Jun, 2026

Potassium Bromate Is Banned Abroad. Will it continue to be in American Pizza and Bagels?

By |Saturday, June 13th, 2026|Categories: Environmental Law|Tags: , , , , , , |

For most Americans, choosing what to eat is a matter of taste, convenience, and cost. Increasingly, however, it is also a matter of informed risk management. As an environmental attorney who spends much of his professional life evaluating scientific evidence, regulatory trends, and long term ...

6Jun, 2026

SEC to Entirely Withdraw Contentious Climate Disclosure Rules

By |Saturday, June 6th, 2026|Categories: Environmental Law|Tags: , , , , , , , , |

Last Friday, the Securities and Exchange Commission formally proposed to entirely rescind its rules that require companies to provide climate change related information in their registration statements and annual reports. While the contentious climate rules never took effect, the Commission’s proposal focuses on returning the ...

30May, 2026

Fourth Circuit Blocks Key Portion of Maryland’s “Electricity Marketing” Law

By |Saturday, May 30th, 2026|Categories: Environmental Law|Tags: , , , , , , , , , |

Maryland’s effort to police “green” marketing claims in the electricity sector just hit a major constitutional roadblock. In a decision last month, the U.S. Court of Appeals for the Fourth Circuit ordered a preliminary injunction against a 2024 Maryland law’s core speech restriction on describing ...

23May, 2026

Historic Low Reservoir Levels in Maryland Reveal Flaws in Modern Stormwater Management

By |Saturday, May 23rd, 2026|Categories: Environmental Law|Tags: , , , , , , , |

Environmental attorneys practicing in Maryland and advising clients throughout the Chesapeake Bay watershed spend a great deal of time discussing stormwater, erosion, nutrient runoff, and water regulatory compliance. But in recent months, another issue has become impossible to ignore: historically low water levels in Baltimore’s ...

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