Green Building Law Update

The Intersection of Real Estate, Science, and Law

Tag Archives: Kaplow

The Air We Share – Why Indoor Air Is Becoming a Real Estate Risk

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, GHG
The Air We Breathe – Indoor Air Quality Is Becoming a Real Estate Issue The most dangerous environmental threat is the one we breathe every day. Air pollution is the world’s largest environmental health risk, responsible for roughly 7 million premature deaths each year, according to the World Health Organization. For real estate owners, however, … Continue Reading

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

Why I Am Choosing Not to Eat Pizza and Bagels Made with Potassium Bromate

By Stuart Kaplow on Posted in Codes and Regulations, Environmental
For most Americans, choosing what to eat is a matter of taste, convenience, and cost. Increasingly, however, it is also a matter of informed risk management. As an environmental attorney who spends much of his professional life evaluating scientific evidence, regulatory trends, and long term risks, I support those consumers who are making the conscious … Continue Reading

Appeals Court Issues Injunction Halting Maryland Greenwashing Marketing Law

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, Energy, Environmental
Maryland’s effort to police “greenwashing” marketing claims in the electricity sector just hit a major constitutional roadblock. In a decision last month, the U.S. Court of Appeals for the Fourth Circuit ordered a preliminary injunction against a 2024 Maryland law’s core speech restriction on describing renewable electricity, and sent the remainder of the case back … Continue Reading

Midge Spraying with Bti Along the Chesapeake Bay Poses Lifetime Risks

By Stuart Kaplow on Posted in Environmental, Local Government, State
For many waterfront property owners along the Chesapeake Bay, spring brings a familiar nuisance: aerial spraying by helicopters flying as low as 50 feet above the water, applying a naturally occurring soil bacterium as a biological ‘cosmetic’ pesticide to control midge flies. Swarms of the non biting midges (Chironomidae) rise from Maryland’s Back River, Middle … Continue Reading

God Squad Exempts Gulf Oil from Endangered Species Act – What It Means for Business

By Stuart Kaplow on Posted in Codes and Regulations, Environmental
After this post, the Center for Biological Diversity and others filed suit against the Secretary of the Interior. The complaint is a good read. ________________________ In a decision as rare as it is consequential, the Endangered Species Committee, better known as the “God Squad,” voted unanimously on March 31, 2026, to exempt all oil and … Continue Reading

Maryland’s 2026 Environmental Laws: What Changed and Where the Opportunities Are

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, State
The 448th session of the Maryland General Assembly concluded on April 13, 2026, after considering 2,229 bills. During the 90 day legislative session, 884 of those bills passed both chambers and are being presented to the Governor for his signature by June 2, 2026. Despite the fact that Maryland is consistently ranked among the most … Continue Reading

Why xAI Is Likely to Prevail in NAACP Data Center Lawsuit

By Stuart Kaplow on Posted in Codes and Regulations, Energy
After this was posted, on June 16, 2026, the U.S. Department of Justice filed a motion to intervene, requesting a dismissal of the case, arguing the turbines are essential for AI innovation, supporting U.S. military operations. The outcome could shape how environmental law and national security intersect in the AI era. For regular readers, after a … Continue Reading

Maryland Supreme Court Dismisses Landmark Climate Case Against Oil Companies

By Stuart Kaplow on Posted in Climate Change, GHG, greenhouse gas
The Supreme Court of Maryland ruled last week, “[t]he question presented in this case is whether Maryland local governments may bring state common law tort claims against 26 multinational oil and gas companies to recover damages caused by global greenhouse gas emissions. We hold that they may not.” The Court went on to say, “.. … Continue Reading

Debunking Myths About Crumb Rubber on Playgrounds – What 100+ Studies Reveal

By Stuart Kaplow on Posted in Environmental, recycling, Sustainability
Few issues illustrate the symbiosis of environmental stewardship and public health as clearly as recycled rubber, commonly known as crumb rubber, used in playground and athletic surfaces. Since its introduction in the 1970s, crumb rubber has been scrutinized, debated, and, at times, misunderstood. Today, the weight of scientific evidence provides a far more settled and … Continue Reading
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