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Tag Archives: Maryland environmental attorney

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

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 Green Marketing Law

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, Energy, Environmental
Maryland’s effort to police “green” 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

From EV Mandates to Building Standards – California Lawsuit Could Limit State Climate Regulation

By Stuart Kaplow on Posted in Codes and Regulations, Federal, GHG
The U.S. Department of Transportation filed a lawsuit last Thursday that may reshape the regulatory landscape not only for vehicles, but also climate policy, and even energy use across the country. Be assured, this litigation is about far more than only electric vehicles in California. The complaint, filed by the Justice Department on behalf of … Continue Reading

Climate Change Chapter Omitted from Federal Courts Reference Manual on Scientific Evidence

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, Environmental, GHG, greenhouse gas
On February 6, 2026, the Federal Judicial Center, the research and education arm of the federal judiciary, omitted (i.e., withdrew) a chapter from the newest edition of its reference manual on scientific evidence that addressed climate change. . The manual is a guide to help judges make unbiased determinations about scientific testimony, but in this … Continue Reading

Why Land Subsidence Matters More Than Sea Level Rise

By Stuart Kaplow on Posted in Climate Change, Environmental, resilience, Sustainability
When we talk about “sea level rise,” most people immediately think of melting polar ice and warming oceans. But along much of the United States’ Atlantic coast, especially in and around the Chesapeake Bay, that narrative only tells part of the story. Emerging science shows that land subsidence, the sinking or lowering of the land … Continue Reading

A More Efficacious Way to Measure Greenhouse Gas Emissions

By Stuart Kaplow on Posted in Climate Change, Federal, GHG, greenhouse gas
As an environmental attorney who spends much of my time advising business owners, I have learned an immutable truth: markets work best when the rules are clear, fair, and grounded in reality. Environmental policy is no exception. Contrary to the prevailing narrative in popular media, the global business community has not uniformly shifted away from … Continue Reading

WARNING: This Product Contains an Ingredient Not Recommended for Human Consumption …

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, State
Businesses across the country face a consequential legal and commercial crossroads as Texas Senate Bill 25, branded the Make Texas Healthy Again Act, thrusts state level food labeling regulation into uncharted constitutional and regulatory territory. The stakes are high: companies that manufacture, market, or sell food products may soon confront unprecedented warning requirements that could … Continue Reading

Microplastics – The Next Environmental Crisis We Can No Longer Ignore

By Stuart Kaplow on Posted in Environmental
For decades, environmental law has been built around visible harms: smokestacks, discharge pipes, landfills, and oil spills. We regulate what we can see. Microplastics represent the opposite problem, an environmental threat that is largely invisible, already ubiquitous, and increasingly understood to be biologically active. In many contemporary risk assessments, microplastics now rank among the top … Continue Reading

2025 Year in Review of Environmental Blog Posts

By Stuart Kaplow on Posted in Climate Change, Energy, Environmental, greenwashing, Legal, wind turbine
As 2025 draws to a close, environmental law once again proved to be less about ideology and more about adaptation. The environmental issues that resonated most this year, from political, cultural to economic, reflected in our Top 10 most read blog posts, were those that sat squarely at the intersection of regulation, innovation, and market … Continue Reading

Extended Producer Responsibility – A Rapidly Changing Environmental Landscape in Maryland and Elsewhere

By Stuart Kaplow on Posted in Codes and Regulations, recycling
Extended Producer Responsibility laws, often referred to simply as EPR, represent one of the most consequential shifts in U.S. environmental policy affecting businesses from manufacturers and multi family residential building owners to distributors and retailers. These laws fundamentally change who pays for, manages, and is accountable for the end of life of consumer product packaging, … Continue Reading

Reopening a 10 Year Old Bankruptcy for Environmental Claims to Bring Finality to CERCLA Liability

By Stuart Kaplow on Posted in Codes and Regulations, Federal
Environmental and real estate practitioners spend a great deal of time counseling clients on how to avoid or allocate liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA a/k/a Superfund). For purchasers of property, the Phase I Environmental Site Assessment is often the talisman performed to establish the innocent landowner or bona fide … Continue Reading

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

Maryland Should Allow Off Grid Electricity Providers, as Should the Whole Country

By Stuart Kaplow on Posted in Climate Change, Codes and Regulations, Energy, Solar Panel
There is no factual dispute that Maryland consumes about 40% more electricity than it generates. That shortfall is not shrinking; it is growing, and the cost of that power keeps rising. We have previously written that Maryland Needs to Produce More Electricity. That imperative is even more urgent as demand spikes from artificial intelligence, electric … 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
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