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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

Maryland is About to Regulate Mold: But is the Cart Before the Horse?

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, State
In a sweeping act moving into a new regulatory space, “where no [hu]man has gone before,” aimed at addressing indoor mold, the Maryland General Assembly passed Senate Bill 856 during the just concluded 2025 legislative session. This legislation, not yet signed by the governor, sets Maryland on a path to becoming maybe the only state … Continue Reading

BEPS Redux: The Most Far Reaching Environmental Legislation of the 2025 Maryland General Assembly

By Stuart Kaplow on Posted in Codes and Regulations, GHG, greenhouse gas, State
After this was posted, on May 20, 2025, House Bill 49 became law without the Governor’s signature. This may be the first instance in modern times that a Maryland governor did not sign an enacted bill introduced at the request of that governor. There is little doubt that House Bill 49, enacted on the final … Continue Reading

Mandatory GHG Disclosures in Maryland Real Estate Contracts

By Stuart Kaplow on Posted in Codes and Regulations, GHG, greenhouse gas, State
Maryland law now requires specified greenhouse gas emissions disclosures and exchange of performance data in a contract of sale for buildings subject to the state’s Building Energy Performance Standards. Failure to comply with the regulation can have significant financial and legal consequences. Maryland has quietly taken a dramatic regulatory leap, promulgating what is one of … Continue Reading

Gas Stoves Saved: Washington Voters Reject All Electric Building Mandates

By Stuart Kaplow on Posted in Climate Change, Energy, GHG, State
While many Americans were focused on the presidential election last Tuesday, citizens from Washington State and others interested in energy were paying attention to a successful Washington voter initiative protecting access to natural gas for homes and businesses, including preventing regulatory actions to limit access to gas in favor of all electric buildings. On November … Continue Reading

Lawsuit Against Maryland Seeks to Have First Amendment Apply to Green Power

By Stuart Kaplow on Posted in Energy, State
A group of energy companies are suing the State of Maryland challenging the recently enacted Senate Bill 1, which restrains truthfully marketing clean energy products including renewable electricity in the State, in violation of the First Amendment to the U.S. Constitution and Maryland Declaration of Rights. They assert that the law imposes an unconstitutional “speech … Continue Reading

With ‘new’ proposed Maryland BEPS regulations what does a Building Owner do now?

By Stuart Kaplow on Posted in Climate Change, GHG, greenhouse gas, State
After this was posted, on January 13, 2025 citizen groups and business associations jointly filed suit in the U.S. District Court against the Secretary of the Maryland Department of the Environment challenging the Maryland BEPS program as preempted by Federal statute and unenforceable as a matter of law. Read more here. After this blog was … Continue Reading

Low Embodied Carbon Concrete is Here

By Stuart Kaplow on Posted in Climate Change, ESG, GHG, State
The golden opportunity in ESG may be in concrete. Embodied carbon refers to the greenhouse gas emissions associated with materials’ manufacturing, transportation, installation, maintenance, and disposal. In a building, there is “upfront” embodied carbon in construction and then operational carbon largely from energy consumption. Embodied carbon is particularly important because it contributes more climate changing … Continue Reading

California Appeals Board Gender Diversity Loss

By Stuart Kaplow on Posted in ESG, State
Last month, the California Secretary of State appealed the decision by a California Superior Court striking down as unconstitutional California’s board diversity law, which required all publicly traded companies headquartered in the State to include a minimum number of female directors. In 2018, Women on Boards (Senate Bill 826) was signed into law to advance … Continue Reading

New Maryland Regulation all but Shuts Down Phase II Environmental Site Assessments

By Stuart Kaplow on Posted in Environmental, State
The Maryland Department of the Environment has adopted regulations for the first time requiring the person conducting an environmental assessment, even when they are not the owner of the property (e.g., possibly a prospective contract purchaser of land or a consultant engaged in a lending transaction) to report suspected oil to MDE immediately, but not … Continue Reading
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