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Archives: Codes and Regulations

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Midge Spraying with Bti Along the Chesapeake Bay Poses Lifetime Risks

By Stuart Kaplow on Posted in Environmental, Local Government, State
For many waterfront property owners along the Chesapeake Bay, spring brings a familiar nuisance: aerial spraying by helicopters flying as low as 50 feet above the water, applying a naturally occurring soil bacterium as a biological ‘cosmetic’ pesticide to control midge flies. Swarms of the non biting midges (Chironomidae) rise from Maryland’s Back River, Middle … Continue Reading

God Squad Exempts Gulf Oil from Endangered Species Act – What It Means for Business

By Stuart Kaplow on Posted in Codes and Regulations, Environmental
In a decision as rare as it is consequential, the Endangered Species Committee, better known as the “God Squad,” voted unanimously on March 31, 2026, to exempt all oil and gas exploration, development, and production activities in the Gulf of America from compliance with the Endangered Species Act. For business leaders, particularly those in energy, … Continue Reading

Maryland’s 2026 Environmental Laws: What Changed and Where the Opportunities Are

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, State
The 448th session of the Maryland General Assembly concluded on April 13, 2026, after considering 2,229 bills. During the 90 day legislative session, 884 of those bills passed both chambers and are being presented to the Governor for his signature by June 2, 2026. Despite the fact that Maryland is consistently ranked among the most … Continue Reading

From EV Mandates to Building Standards – California Lawsuit Could Limit State Climate Regulation

By Stuart Kaplow on Posted in Codes and Regulations, Federal, GHG
The U.S. Department of Transportation filed a lawsuit last Thursday that may reshape the regulatory landscape not only for vehicles, but also climate policy, and even energy use across the country. Be assured, this litigation is about far more than only electric vehicles in California. The complaint, filed by the Justice Department on behalf of … Continue Reading

Tokenization – Real Estate Reinvented in the Funding of a Maldives Resort

By Stuart Kaplow on Posted in Codes and Regulations, Environmental
Real estate has long been characterized by friction: high minimum investments, illiquidity, opaque capital stacks, and access largely reserved for institutions. Tokenization challenges that paradigm. A new Maldives resort development provides a real world learning opportunity for how this financial architecture is evolving, and why it matters, including for environmental performance. In real estate, tokenization … Continue Reading

The Right to Bee – Peru’s Recognition of Legal Rights for Stingless Bees

By Stuart Kaplow on Posted in Codes and Regulations, Environmental
The Provincial Municipality of Satipo, Peru has approved Ordinance N° 33, declaring the rights of stingless bees including legal standing to sue if threatened or harmed. The bees within the territory of the Avireri-Vraem biosphere reserve that spans nearly 16,000 square miles (.. larger than the state of Maryland) from the Amazon rainforest to the … Continue Reading

Climate Change Chapter Omitted from Federal Courts Reference Manual on Scientific Evidence

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, Environmental, GHG, greenhouse gas
On February 6, 2026, the Federal Judicial Center, the research and education arm of the federal judiciary, omitted (i.e., withdrew) a chapter from the newest edition of its reference manual on scientific evidence that addressed climate change. . The manual is a guide to help judges make unbiased determinations about scientific testimony, but in this … 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

United States Sues Morgan Hill and Petaluma over All Electric Building Laws

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Federal
On January 5, 2026, the U.S. Department of Justice filed a lawsuit against the cities of Morgan Hill (Santa Clara County) and Petaluma (Sonoma County), California, challenging local ordinances that effectively ban natural gas infrastructure and gas powered appliances in new buildings. The complaint, docketed as Case 5:26-cv-00056 in the U.S. District Court for the … Continue Reading

WARNING: This Product Contains an Ingredient Not Recommended for Human Consumption …

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, State
Businesses across the country face a consequential legal and commercial crossroads as Texas Senate Bill 25, branded the Make Texas Healthy Again Act, thrusts state level food labeling regulation into uncharted constitutional and regulatory territory. The stakes are high: companies that manufacture, market, or sell food products may soon confront unprecedented warning requirements that could … Continue Reading

Extended Producer Responsibility – A Rapidly Changing Environmental Landscape in Maryland and Elsewhere

By Stuart Kaplow on Posted in Codes and Regulations, recycling
Extended Producer Responsibility laws, often referred to simply as EPR, represent one of the most consequential shifts in U.S. environmental policy affecting businesses from manufacturers and multi family residential building owners to distributors and retailers. These laws fundamentally change who pays for, manages, and is accountable for the end of life of consumer product packaging, … Continue Reading

Reopening a 10 Year Old Bankruptcy for Environmental Claims to Bring Finality to CERCLA Liability

By Stuart Kaplow on Posted in Codes and Regulations, Federal
Environmental and real estate practitioners spend a great deal of time counseling clients on how to avoid or allocate liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA a/k/a Superfund). For purchasers of property, the Phase I Environmental Site Assessment is often the talisman performed to establish the innocent landowner or bona fide … 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

From Boilerplate to Benchmarking: The New Era of Climate Smart Leases

By Stuart Kaplow on Posted in Codes and Regulations, Energy, GHG, Green Building, greenhouse gas
It would be convenient if this were only a prospective conversation about the leases you are about to sign. It isn’t. Tens of thousands of existing leases (many with long renewal terms) are for premises that are subject to greenhouse gas disclosure and reduction laws already on the books and now being phased into effect. … 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

EPA Proposes Suspension of Greenhouse Gas Reporting Program

By Stuart Kaplow on Posted in Federal, GHG, greenhouse gas
The U.S. Environmental Protection Agency has issued a proposal to eliminate much of the Greenhouse Gas Reporting Program and suspend the remainder until 2034, describing the program’s high compliance costs of up to $2.4 billion annually for businesses with limited resultant regulatory value. Today, the GHGRP requires more than 8000 facilities across 47 industrial categories … Continue Reading

When Less Regulation Means Better Outcomes: EPA’s Poultry Effluent Rule Withdrawal Explained

By Stuart Kaplow on Posted in Codes and Regulations, Federal
As environmental attorneys, we are often asked to assist clients in the balance between environmental protection, regulatory authority, and the broader socio economic impacts of government decisions. The U.S. Environmental Protection Agency’s September 3, 2025 withdrawal of its proposed rule revising “effluent limitations guidelines” for the Meat and Poultry Products point source category, in support … Continue Reading

EPA Seeks Public Comment on Genetically Engineered Mosquito Risk

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
As an environmental attorney, I am often asked to evaluate the legal processes surrounding emerging technologies that intersect with protecting human health and the environment. Few issues illustrate this intersection more vividly than the U.S. Environmental Protection Agency’s latest announcement concerning genetically engineered mosquitoes for mosquito control. This is a significant environmental matter. For those … Continue Reading
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