Tag Archives: Kaplow

2018 IgCC Poised to be Adopted for the First Time

Montgomery County, Maryland is on the cusp of being the first to adopt the 2018 International Green Construction Code. The proposed Executive Regulation 12-20 appeared in the Montgomery County Register on August 1. A public hearing will be held on proposed regulation on September 3. And written comments may be submitted until October 5. Montgomery … Continue Reading

More Than Green Buildings, Green Roads

If green building is going to repair the planet it will have to include green roads. Over 65% of the impervious surfaces in the U.S. are related to transportation (e.g., roads, parking lots, sidewalks, and driveways), with the vast majority being roads. There are 4,180,817 miles of roads in the U.S. Roads are the largest … Continue Reading

EPA Proposes First Greenhouse Gas Emissions Limits for Aircraft

Last Wednesday the Environmental Protection Agency proposed greenhouse gas emissions standards for airplanes used in commercial aviation and large business jets. “This standard is the first time the U.S. has ever proposed regulating greenhouse gas emissions from aircraft,” according to EPA Administrator Andrew Wheeler. And as much as I have railed against more and regressive environmental … Continue Reading

A Force Majeure Decision during the COVID-19 Pandemic

There has been much speculation and supposition about the interplay of force majeure provisions in leases and other contracts in response to government orders closing businesses during the coronavirus disease 2019 (COVID-19) pandemic, but now there is an authoritative court decision that may provide persuasive authority. In a motion in a Bankruptcy case the landlord … Continue Reading

New BREEAM In Use Version in a Changing World

Last week BRE Global announced that the “BREEAM USA In-Use Version 6 for Commercial and Residential” green building rating system has launched. In addition to improvements to the prior commercial building rating system BREEAM In-Use now includes residential for the first time (accepting that existing multi-family building is a very much underserved sector). An update … Continue Reading

COVID-19 and the Risk from Recirculated Air in Buildings

The Federation of European Heating, Ventilation and Air Conditioning Associations (REHVA) has in recent days issued guidance on how to occupy commercial and public buildings, from offices to schools, “in order to prevent the spread of the coronavirus.” As Americans begin to end coronavirus disease 2019 (COVID-19) lockdowns, which were of course intended to keep … Continue Reading

Supreme Court Permits State Law Claims Against Superfund Property

In an instructive environmental law decision last week, the U.S. Supreme Court held that the federal Superfund statute (the Comprehensive Environmental Response, Compensation and Liability Act) does not preclude owners of adjacent contaminated land from pursuing state laws claims for money damages for nuisance, trespass and strict liability, but any cleanup of that land cannot … Continue Reading

Maryland is First State to Legislate Permitted Use of PFAS

Prior to the just concluded session of the Maryland legislature, the State’s laws and regulations were silent with regard to PFAS chemicals including PFOA. At worst, Maryland could have been criticized along with the Federal government and other states, for failing to regulate PFAS as a hazardous substance. But then, some days ago Maryland did … Continue Reading

Understand How EPA Does Not Expect to Seek Penalties during COVID-19 Pandemic

The U.S. Environmental Protection Agency announced last Thursday retroactively beginning March 13, 2020, a temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic. EPA’s admittedly unprecedented temporary “enforcement discretion policy” applies to civil violations during the COVID-19 outbreak as a response to the deleterious effect on a wide variety of businesses. … Continue Reading

LEED can Help Mitigate Legal Risks in ESG Disclosures

Public companies in the U.S. find themselves at a dynamic time of emergent environmental, social and governance (“ESG”) disclosures. Vocal socially conscious investors, activist stockholder environmental proxy proposals, and the like are driving companies to make ESG statements. This blog post highlights the legal risk associated with ESG disclosures and proffers that with green building … Continue Reading

179D Tax Deduction Allocated from Government Buildings

On December 20, 2019, the President signed legislation reviving the Section 179D energy efficient commercial building tax deduction and while much has been written about the much needed boost to green building, little has been said about the enormous benefits available from government owned buildings. The § 179D federal tax deduction was brought back from … Continue Reading

One Trillion Trees

The One Trillion Trees Initiative was launched at the World Economic Forum last month. When President Trump announced that the United States would join the tree planting initiative on January 21 in Davos among more than 3,000 world government, business, and NGO leaders, more than half of whom joined the commitment, it garnered little reaction … Continue Reading

Migratory Bird Treaty Act Will Apply Only to Intentional Takes

Last week, the U.S. Fish and Wildlife Service proposed a rule clarifying that the scope of the Migratory Bird Treaty Act only extends to conduct intentionally injuring birds. Conduct that results in the unintentional (incidental) injury or death of migratory birds is not prohibited under the act. As I described in a 2017 blog post, … Continue Reading

Low Carbon Concrete for the First Time Required by Law

The negative environmental impact of concrete, the most common man made substance on Earth, has not been meaningfully responded to in 2020. Cement use in concrete is the largest single material source of greenhouse gas emissions in building. Concrete is the largest single material source of embodied emissions in buildings, and makes for more than … Continue Reading

FERC Decision Puts State Renewable Portfolio Standards At Risk

In the ongoing conflagration between “reliable power” and “clean energy” many may have missed when last month federal energy policy declared reliability the winner with renewable energy subsidies (e.g., state renewable portfolio standards) the loser. In a decision that critics have called “unprecedented” the Federal Energy Regulatory Commission on December 19, 2019 issued an Order … Continue Reading

Top 10 Environmental Blog Posts for the Roaring ‘20s

As we begin the new decade of the Roaring ‘20s we are incredibly excited about the prospects for environmental law. We are supremely confident that our business philosophy of “environmental risk as an opportunity” remains right for the times. This blog will continue in 2020 providing strategic intelligence on environmental law, including critical insights into … Continue Reading
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