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Recent Kaplow Articles

6Apr, 2024

2024 IECC is Final After Addressing Preemption Issues

By |Saturday, April 6th, 2024|Categories: Environmental Law|Tags: , , , , , , , , , , , , |

On March 18, 2024, the International Code Council Board of Directors voted to affirm in part and reject in part nine appeals filed by five appellants to a draft of the commercial and residential editions of the 2024 International Energy Conservation Code. The Board expressly ...

30Mar, 2024

Settlement Portends Broad Failure in Attempts to Ban Natural Gas

By |Saturday, March 30th, 2024|Categories: Environmental Law|Tags: , , , , , , , , , , , , |

The City of Berkeley is going to repeal its regulation that prohibits the installation of natural gas piping within newly constructed buildings. Last week the California Restaurant Association announced that the group and the City of Berkeley entered into a settlement agreement immediately halting enforcement ...

23Mar, 2024

SEC Climate Disclosure Rule Stay and Venue Now in the 8th Circuit

By |Saturday, March 23rd, 2024|Categories: Environmental Law|Tags: , , , , , , |

After this article was posted, on April 4, 2024, the SEC, noting that it has discretion to stay its rules pending judicial review if it finds that “justice so requires,” determined to exercise its discretion to stay the Final Rule pending the completion of judicial ...

16Mar, 2024

EV Charger Data Apocalypse

By |Saturday, March 16th, 2024|Categories: Environmental Law|Tags: , , , , , , |

Last week the House of Representatives passed a measure to effectively ban TikTok in the U.S. to protect Americans’ sensitive personal data from exploitation by the People’s Republic of China on national security grounds. The week before President Biden issued an Executive Order establishing protections for ...

9Mar, 2024

SEC Final Rule on Climate Change and GHG Disclosure

By |Saturday, March 9th, 2024|Categories: Environmental Law|Tags: , , , , , , , , , , , |

After this article was posted, on Friday, March 15, 2024, the 5th Circuit Court of Appeals issued an Order granting an Emergency Motion for Administrative Stay and Stay Pending Judicial Review filed by Liberty Energy and Nomad Proppant Services, in one of the nine cases challenging the ...

2Mar, 2024

New York is Coming for Your Cheeseburger with Greenwashing Case

By |Saturday, March 2nd, 2024|Categories: Environmental Law|Tags: , , , , , , , , , |

This blog may sound like a broken record as we have time and again warned about the risks of a business claiming that they will be “net zero greenhouse gas emissions by 2040” or the like. For readers who may not have heeded our warnings ...

24Feb, 2024

Hawaii Considers $25 Climate Tax

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

The Hawaii legislature held a hearing last Friday on Governor Josh Green’s bill to authorize a $25 tax to create a “special fund to prevent climate crises and more effectively respond to climate crises when they occur.” The climate levy will be on “transient accommodations” ...

17Feb, 2024

Defense Contractor Prohibition on Greenhouse Gas Emissions Disclosures

By |Saturday, February 17th, 2024|Categories: Environmental Law|Tags: , , , , , |

Department of Defense contractors are not permitted to “disclose a greenhouse gas inventory or any other report on greenhouse gas emissions.” As governments across the United States are beginning to regulate greenhouse gas emissions, looking at the back story and teasing out the broad impact ...

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