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Recent Kaplow Articles

18Oct, 2024

Lawsuit Charges Montgomery County Gas Appliance Ban is Preempted and Void

By |Friday, October 18th, 2024|Categories: Environmental Law|Tags: , , , , , , , , , , , |

Earlier today more than half a dozen business and labor groups filed suit seeking a permanent injunctive against enforcement of Montgomery County, Maryland Bill 13-22: Buildings - Comprehensive Building Decarbonization, which bans the use of gas appliances in new construction. A partnership of business and ...

12Oct, 2024

Federal Court Reinstates Greenwashing Case Over Aspirational Statements

By |Saturday, October 12th, 2024|Categories: Environmental Law|Tags: , , , , , , |

A recent ruling from a federal appellate court is bringing new attention to claims of greenwashing including specifically that a business’s aspiration statements about environmental matters (e.g., “we will be net zero greenhouse gas emissions by 2040” or “we will use at least 50% recycled ...

5Oct, 2024

Lawsuit Against Maryland Challenges First Amendment Violations in Green Power Marketing

By |Saturday, October 5th, 2024|Categories: Environmental Law|Tags: , , , , , |

A group of energy companies are suing the State of Maryland challenging the recently enacted Senate Bill 1, which restrains truthfully marketing clean energy products including renewable electricity in the State, in violation of the First Amendment to the U.S. Constitution and Maryland Declaration of ...

28Sep, 2024

Greenstalling is Not a Thing, But ..

By |Saturday, September 28th, 2024|Categories: Environmental Law|Tags: , , , , , , , , , |

Last week's Climate Week NYC was driven by the theme “It’s Time,” a rallying cry meant to emphasize the urgency of climate action. However, a new term emerged in that highly charged environment, “greenstalling.” This concept, according to some of the radical environmental movement voices ...

21Sep, 2024

Eyeglasses in the Sights of Climate Change Activists

By |Saturday, September 21st, 2024|Categories: Environmental Law|Tags: , , , , |

In his recent video, “Can We Stop Global Warming?” Bill Gates provides us with an interesting, if not somewhat alarming, statistic, the average greenhouse gas (GHG) emissions from producing a single pair of eyeglasses amount to 8.2 pounds. This figure doesn’t include emissions from glasses ...

7Sep, 2024

Comments on the 2024 Maryland BEPS Regulations

By |Saturday, September 7th, 2024|Categories: Environmental Law|Tags: , , , , , , , , |

After this was posted, on January 13, 2025 citizen groups and business associations jointly filed suit in the U.S. District Court against the Secretary of the Maryland Department of the Environment challenging the Maryland BEPS program as preempted by Federal statute and unenforceable as a ...

31Aug, 2024

California to Delay Corporate Greenhouse Gas Reporting

By |Saturday, August 31st, 2024|Categories: Environmental Law|Tags: , , , , , , , , , |

After this was posted, on September 27, 2024, California Governor Gavin Newsom signed SB 219 into law, making changes to California's climate accountability package enacted last year, as described below. In a move that signals a significant shift in the pace of climate reporting laws, ...

24Aug, 2024

Balancing Environmental Justice: A Landmark Ruling in Louisiana

By |Saturday, August 24th, 2024|Categories: Environmental Law|Tags: , , , , , |

Last Thursday, the Federal Court in Lake Charles, Louisiana, issued a judgment that may have far reaching implications for environmental justice across the United States. The court granted the State of Louisiana permanent relief, enjoining the U.S. Environmental Protection Agency and the Department of Justice ...

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