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Why Land Subsidence Matters More Than Sea Level Rise

By Stuart Kaplow on Posted in Climate Change, Environmental, resilience, Sustainability
When we talk about “sea level rise,” most people immediately think of melting polar ice and warming oceans. But along much of the United States’ Atlantic coast, especially in and around the Chesapeake Bay, that narrative only tells part of the story. Emerging science shows that land subsidence, the sinking or lowering of the land … Continue Reading

A More Efficacious Way to Measure Greenhouse Gas Emissions

By Stuart Kaplow on Posted in Climate Change, Federal, GHG, greenhouse gas
As an environmental attorney who spends much of my time advising business owners, I have learned an immutable truth: markets work best when the rules are clear, fair, and grounded in reality. Environmental policy is no exception. Contrary to the prevailing narrative in popular media, the global business community has not uniformly shifted away from … Continue Reading

2025 Year in Review of Environmental Blog Posts

By Stuart Kaplow on Posted in Climate Change, Energy, Environmental, greenwashing, Legal, wind turbine
As 2025 draws to a close, environmental law once again proved to be less about ideology and more about adaptation. The environmental issues that resonated most this year, from political, cultural to economic, reflected in our Top 10 most read blog posts, were those that sat squarely at the intersection of regulation, innovation, and market … Continue Reading

Federal Bank Regulators Withdraw Climate Mandates

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, Federal
On October 16, the Federal Deposit Insurance Corporation, the Federal Reserve Board, and the Office of the Comptroller of the Currency jointly “.. announced the withdrawal of their interagency Principles for Climate-Related Financial Risk Management for Large Financial Institutions.” This is a positive and, frankly, refreshing development, a rare instance of government appropriately narrowing its … Continue Reading

Maryland Should Allow Off Grid Electricity Providers, as Should the Whole Country

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, Energy, Solar Panel
There is no factual dispute that Maryland consumes about 40% more electricity than it generates. That shortfall is not shrinking; it is growing, and the cost of that power keeps rising. We have previously written that Maryland Needs to Produce More Electricity. That imperative is even more urgent as demand spikes from artificial intelligence, electric … Continue Reading

DOE Order to Keep Maryland Oil Fired Plant Running Sparks Energy Environmental Tension

By Stuart Kaplow on Posted in Climate Change, Energy, Federal, GHG, greenhouse gas
Last Monday, the U.S. Department of Energy issued a sweeping emergency order under the Federal Power Act, allowing the Wagner Generating Station in Anne Arundel County, Maryland, to continue producing electricity, despite having nearly exhausted its annual limit on fuel oil usage under state environmental law. This order, requested by PJM Interconnection, one of the … Continue Reading

EPA’s Reconsideration of the GHG Endangerment Finding

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, GHG, greenhouse gas
The U.S. Environmental Protection Agency is preparing to reverse its 2009 “Endangerment Finding,” a regulatory determination that greenhouse gas emissions from motor vehicles, buildings, power plants, and other sources “endanger public health and welfare.” That endangerment pronouncement, made under Section 202(a) of the Clean Air Act, created the legal justification for many of the sweeping … Continue Reading

All Electric Future Faces Legal Threat After Supreme Court Ruling

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, Energy
In a pivotal environmental case with wide reaching implications, the U.S. Supreme Court ruled last Friday that a group of fuel producers have Article III standing to challenge the EPA’s approval of a waiver under the Clean Air Act permitting California regulations (.. adopted in 17 states) requiring automakers to manufacture more electric vehicles and … Continue Reading

Congress Blocks California’s Gasoline Car Ban: A Legal and Policy Analysis

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, Federal
The Senate has approved three Congressional Review Act resolutions initiated in the House of Representatives that overturn Environmental Protection Agency waivers, which had effectively imposed a de facto ban on the future sale of gasoline powered cars in California and 17 states, as well as Washington, DC. Congressional disapproval of California’s electric vehicle mandates is … Continue Reading

Court Indefinitely Pauses SEC Climate Rule Litigation

By Stuart Kaplow on Posted in Climate Change, Federal, GHG, greenhouse gas
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 disclosure rules. The court’s April 24, 2025, order halts further … Continue Reading

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

By Stuart Kaplow on Posted in Climate Change, Federal, GHG, greenhouse gas
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 ideologically motivated ‘climate change’ or energy policies” .. of several … Continue Reading

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

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, GHG
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 effects, influencing not only New York but the entire energy … Continue Reading
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