Green Building Law Update

The Intersection of Real Estate, Science, and Law

Archives: Federal

Energy Star: A Quiet Exit and a Bright Future Beyond Government

The FY 2026 President’s Budget delivers a clear message, Energy Star, as a federal program, is on its way out. Zero dollars are appropriated for the once innovative joint EPA and Department of Energy initiative, and the EPA’s June Budget in Brief confirms what many had quietly predicted, Energy Star is all but certain to … Continue Reading

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

By Stuart Kaplow on June 1, 2025 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

EPA Will Keep Current Limits for “Forever Chemicals” in Drinking Water

By Stuart Kaplow on May 25, 2025 Posted in Codes and Regulations, Environmental, Federal

The agency provided a roadmap as to its intention to continue protecting public health from these so called “forever chemicals” … Continue Reading

Court Indefinitely Pauses SEC Climate Rule Litigation

By Stuart Kaplow on May 18, 2025 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

Migratory Bird Treaty Act Does Not Prohibit Incidental Take – Again

By Stuart Kaplow on April 20, 2025 Posted in Codes and Regulations, Federal

Whether one views the MBTA’s strict protections as a moral imperative or a statutory overreach, the law as it stands, at least for now, does not prohibit incidental take.… Continue Reading

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

By Stuart Kaplow on April 13, 2025 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

The Most Consequential Day of Environmental Deregulation in American History

By Stuart Kaplow on March 16, 2025 Posted in Climate Change, Codes and Regulations, Federal

The EPA’s core mission of safeguarding human health and the environment remains… Continue Reading

House Votes to Protect the Gas Water Heater in Your House

By Stuart Kaplow on March 2, 2025 Posted in Climate Change, Codes and Regulations, Federal

In this instance, the federal government was not coming for your gas stove, but it certainly was coming for your non-condensing natural gas powered hot water heater.… Continue Reading

SEC Climate Disclosure Rule: A Dramatic Reversal Under Trump

By Stuart Kaplow on February 16, 2025 Posted in Climate Change, Codes and Regulations, Federal

.. is deeply flawed and could inflict significant harm on the capital markets and our economy.… Continue Reading

Anatomy of an Executive Order: Stopping the Wind

By Stuart Kaplow on January 26, 2025 Posted in Climate Change, Federal, Paris Accord, wind turbine

Candidate Trump said at a rally in New Jersey last May that he intended to sign an Executive Order on day one that would halt “horrible” offshore windmill projects. … Continue Reading

Maryland Offshore Wind Project Faces Legal Storm from Coastal Communities

By Stuart Kaplow on November 3, 2024 Posted in Energy, Federal, wind turbine

Maryland Consumes 40% More Electricity Than It Produces But this is Not the Solution… Continue Reading

Environmental Justice at Risk After Louisiana Ruling

By Stuart Kaplow on August 25, 2024 Posted in Environmental, Federal

Last Thursday, the Federal Court in Lake Charles, Louisiana, issued a judgment that may have far reaching implications for environmental justice across the United States. … Continue Reading

In Ohio v EPA Supreme Court Reins in EPA: A Win for Environmental Protection

By Stuart Kaplow on June 30, 2024 Posted in Environmental, Federal

Together with other recent Supreme Court cases, this provides a path for good stewardship of the environment without overreaching government. … Continue Reading

White House Unveils Commitment to Carbon Offsets

By Stuart Kaplow on June 2, 2024 Posted in Climate Change, Federal, GHG, greenhouse gas

Voluntary carbon offsets are indispensable tools for organizations striving to achieve net zero emissions, particularly those unable to generate enough onsite renewable energy. … Continue Reading

Chinese Solar Panel Tariffs: Protecting U.S. Industry or Hindering Green Growth?

By Stuart Kaplow on May 19, 2024 Posted in Energy, Federal, Solar Panel

Americans need to budget for the higher costs of solar panels.… Continue Reading

EPA Takes Action: PFOA and PFOS Now Hazardous Substances Under Superfund Law

By Stuart Kaplow on April 21, 2024 Posted in Environmental, Federal

PFAS is no doubt a developing environmental catastrophe but this just announced EPA action listing PFAS as a hazardous substance in the U.S. is yeeting the matter without regard that this solution may do more harm than good.… Continue Reading

Settlement Portends Broad Failure in Attempts to Ban Natural Gas

By Stuart Kaplow on March 31, 2024 Posted in Federal, GHG, State

The immediate and long term failure of state and local governments' attempts to ban natural gas in homes and businesses.… Continue Reading

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

By Stuart Kaplow on March 24, 2024 Posted in Climate Change, Federal, GHG, greenhouse gas

Compellingly 25 states have now filed petitions for judicial review attacking the SEC Final Rule. … Continue Reading

SEC Final Rule on Climate Change and GHG Disclosure

By Stuart Kaplow on March 10, 2024 Posted in Climate Change, Codes and Regulations, Federal, GHG, greenhouse gas

Adopted long awaited rules to enhance and standardize climate related disclosures, including for the first time requiring greenhouse gas emission disclosures… Continue Reading

Defense Contractor Prohibition on Greenhouse Gas Emissions Disclosures

By Stuart Kaplow on February 18, 2024 Posted in Codes and Regulations, Environmental, Federal, GHG, greenhouse gas

Defense contractors are not permitted to “disclose a greenhouse gas inventory or any other report on greenhouse gas emissions.”… Continue Reading

US Appeals Court Upholds Nasdaq Board Diversity Rule, However

By Stuart Kaplow on November 5, 2023 Posted in ESG, Federal

With large numbers of businesses having initiatives to advance gender and racially diverse talent, keeping track of the law on this subject is a necessity… Continue Reading

White House to Define Zero Emission Building

By Stuart Kaplow on October 1, 2023 Posted in Federal, GHG, Green Building, greenhouse gas

The federal government will define what is a “zero emission” building.… Continue Reading

US Imposes Duties on Southeast Asia Solar Panel Makers Evading China Tariffs

By Stuart Kaplow on September 3, 2023 Posted in Codes and Regulations, Energy, ESG, Federal, Legal, Solar Panel

To appreciate the scope of the issue, those countries account for nearly 80% of all U.S. solar panel supplies.… Continue Reading

Two China Based Companies Banned as a Result of Forced Labor

By Stuart Kaplow on August 6, 2023 Posted in ESG, Federal, Solar Panel

The moral equivalence of U.S. companies and individuals installing solar panels created with government-sponsored modern slavery to remedy the ills of climate change, has in the last year shifted sharply in favor of Americans doing the right thing for those in forced labor from Xinjiang. … Continue Reading