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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

Inhalers and the Planet: Breathing Room in Environmental Policy

By Stuart Kaplow on Posted in Environmental, greenhouse gas, Sustainability
The mainstream press was quick to report this week on a startling new study out of UCLA: inhalers used to treat asthma and chronic obstructive pulmonary disease (COPD) produce greenhouse gas emissions equivalent to 530,000 cars on the road each year. Published on October 6, 2025, the study quantified that inhalers approved for asthma and … 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

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

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

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

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

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

Greenwashing? Court Says Coca-Cola’s Aspirational Statements May Mislead Consumers

By Stuart Kaplow on Posted in Environmental, Green Washing, greenhouse gas, greenwashing
A recent ruling from a federal appellate court is bringing new attention to claims of greenwashing including specifically that a business’s aspiration statements about environmental matters (e.g., “we will be net zero greenhouse gas emissions by 2040” or “we will use at least 50% recycled material in our packaging by 2030”) can be actionable. The … 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
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