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GPS Is Changing – Why Real Estate Owners and Developers Should Care

By Stuart Kaplow on Posted in Codes and Regulations, Federal
Long before satellites orbited the Earth, humans relied on the stars and the sun to find their way. Today, GPS does far more than help us find an address. It underlies surveying, mapping, construction, agriculture, utilities, engineering, and countless commercial real estate applications. That is why a major change to America’s geospatial infrastructure deserves the … Continue Reading

Lead Based Paint Compliance Is Still a Real Estate Issue

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
For owners of older residential real estate, lead based paint can seem like a problem from another era. It is not. A recent U.S. Environmental Protection Agency settlement involving an apartment complex in Putnam, Connecticut, is a useful reminder that lead based paint compliance remains a current environmental, public health and real estate liability issue. … Continue Reading

FAA Proposal to Streamline Space Launches Is a Win for Innovation, Competitiveness, and Environmental Regulation

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
The United States is in the midst of a new space race. Unlike the Apollo era, this competition is driven not only by governments but by private companies launching communication satellites, developing reusable rockets, planning lunar missions, and even envisioning data centers in low Earth orbit. If the United States intends to remain the global … Continue Reading

From Gas Stoves to HVAC Systems – Proposed Federal Appliance Rule Restores Choice

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Environmental, Federal
The U.S. Department of Energy has proposed one of the most significant changes to federal appliance regulation in decades. While much of the public debate has focused on dishwashers and gas stoves, the proposal has implications far beyond the kitchen. Manufacturers, builders, retailers, property owners, and businesses that purchase or specify equipment should all be … Continue Reading

The Supreme Court’s Monsanto Decision – Why Businesses Far Beyond the Herbicide Industry Should Pay Attention

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
The U.S. Supreme Court’s June 25, 2026, decision in Monsanto Co. v. Durnell is being reported in the mass media as another chapter in the long running Roundup mass tort litigation. That characterization misses the larger story about the Court amassing power for itself and the Executive branch. For real estate owners, manufacturers, and businesses … Continue Reading

Fourth Circuit Raises the Bar for PFAS Injunctions in Citizen Suits

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
Businesses facing PFAS compliance challenges received an important victory in a court decision this month when the U.S. Court of Appeals for the Fourth Circuit vacated a preliminary injunction that had barred The Chemours Company from discharging PFAS compounds above permit limits into the Ohio River. In West Virginia Rivers Coalition, Inc. v. The Chemours … 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

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

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

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

Offshore Wind Projects are Now ‘Really’ Dead

By Stuart Kaplow on Posted in Codes and Regulations, Federal, wind turbine
As a keen legal observer in matters of environmental law, I write today in a tone of both reasoned clarity and cautious optimism: the recent Federal government decision rescinding offshore wind leasing areas delivers precisely the kind of regulatory finality that our legal system craves. This is not intended as a value judgment assessing good … 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

Stablecoin: The GENIUS Act Ushers in a New Era including Green Building Finance

By Stuart Kaplow on Posted in Federal, Green Building, LEED, Sustainability
On July 18, 2025, the President of the United States, Donald J. Trump, signed into law the much anticipated Guiding and Establishing National Innovation for U.S. Stablecoins Act, that is the GENIUS Act, a sweeping piece of legislation that provides a legal framework for U.S. dollar backed stablecoins. While the bill has been touted as … Continue Reading

Maryland Expands Bat Protections: New Law Shifts Approach to Biodiversity

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal, State
Biodiversity degradation is an existential crisis affecting planetary and human health. Since the enactment of the federal Endangered Species Act in 1973, populations of mammals, birds, amphibians, and fish have dropped a shocking 68%. As scientists and policymakers grapple with addressing the rapid and widespread decline in species, states like Maryland are exploring regulatory strategies … Continue Reading
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