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Recent preemption Articles

26Oct, 2024

Lawsuit Challenges D.C. Gas Appliance Ban and Net Zero Building Code

By |Saturday, October 26th, 2024|Categories: Environmental Law|Tags: , , , , , , , , , , , , , , |

A lawsuit worthy of attention has been filed seeking to halt the implementation of Washington D.C.’s gas appliance ban and net zero building code. That complaint is nearly identical to the litigation commenced on the same day last week against Montgomery County, Maryland seeking to stop ...

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 ...

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 ...

13Jan, 2024

Appeals Court Strikes Down Federal Dishwasher and Washing Machine Rules

By |Saturday, January 13th, 2024|Categories: Environmental Law|Tags: , , , , , , |

Last week the U.S. Court of Appeals for the Fifth Circuit struck down the Department of Energy’s dishwasher and washing machine rules saying they did not hold water. For the second time in as many weeks, we are writing about a court ruling new standards ...

6Jan, 2024

Federal Appeals Court Delivers Coup De Grace in Berkeley Attempt to Ban Natural Gas

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

After this article was posted, on March 22, 2024, the California Restaurant Association announced that the group and the City of Berkeley entered into a settlement agreement halting enforcement of the City’s ban on natural gas piping as the City Council takes steps to repeal ...

10Dec, 2022

Maryland is the First State to Regulate Carbon

By |Saturday, December 10th, 2022|Categories: Environmental Law|Tags: , , , , , , , , , |

Maryland has enacted the most rigorous state law in the country reducing greenhouse gas (GHG) emissions and otherwise addressing ESG stewardship including climate change. Businesses can and should treat this as the greatest responsibility and opportunity of our time. Literally resetting the trajectory of Maryland’s ...

16Apr, 2022

Maryland Resets the Trajectory with Greenhouse Gas Reduction Law

By |Saturday, April 16th, 2022|Categories: Environmental Law|Tags: , , , , , , , , , |

With legislation that became law last week, without the Governor’s signature, Maryland has enacted the most rigorous state law in the country reducing greenhouse gas (GHG) emissions and otherwise addressing ESG stewardship including climate change. Businesses can and should treat this as the greatest opportunity ...

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