Green Building Law Update

The Intersection of Real Estate, Science, and Law

Tag Archives: BEPS

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

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

By Stuart Kaplow on 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

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

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

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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