Tag Archives: Maryland environmental attorney

Supreme Court Permits State Law Claims Against Superfund Property

By Stuart Kaplow on April 26, 2020 Posted in Codes and Regulations, Environmental

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

By Stuart Kaplow on April 19, 2020 Posted in Codes and Regulations, Environmental

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

Maryland Enacts New Environmental Laws in 2020

By Stuart Kaplow on April 7, 2020 Posted in Codes and Regulations, Environmental, State

The 440th session of the Maryland General Assembly commenced on January 8, 2020. The 90 day session was, for the first time since the Civil War cut short, ending three weeks early (.. of note, the predecessor, appointed not elected, General Assembly of Maryland was first called together in 1635 in St. Mary’s for 90 … Continue Reading

FERC Decision Puts State Renewable Portfolio Standards At Risk

By Stuart Kaplow on January 26, 2020 Posted in Codes and Regulations, Energy, Solar Panel

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

When Trees Sue for their Own Environmental Preservation

By Stuart Kaplow on January 5, 2020 Posted in Codes and Regulations, Environmental

In the new decade American environmental law will likely expand to include you being sued by the trees. I don’t mean being sued by the Lorax or someone else who “speaks for the trees” but rather the trees will have standing to sue to confront environmental degradation and the like. This movement to empower nature … Continue Reading

2018 IgCC is Not in Use Anywhere. A Detailed Analysis of Why?

By Stuart Kaplow on December 1, 2019 Posted in Green Globes, IgCC, LEED, Local Government

The 2018 International Green Construction Code was released on November 8, 2018 but more than a year later, it has not been adopted anywhere. The 203 page document available from the ICC for sale to the public, .. click here for a free read only copy of the 2018 IgCC, is an entirely new standard … Continue Reading

An HREC is Not a REC in a Phase I Environmental Site Assessment

By Stuart Kaplow on November 3, 2019 Posted in Environmental, Federal

I review a large number of Phase I environmental site assessments, and year in, year out, the largest number of questions I field are about Historical Recognized Environmental Conditions. The environmental professionals who perform those assessment generally do not take heed of Eduardo Galeano’s quote, “History never really says goodbye. History says, ‘see you later.’” … Continue Reading

Government to Allow Less Lead in Drinking Water

By Stuart Kaplow on October 20, 2019 Posted in Environmental, Federal

EPA is expected to publish this week in the Federal Register the first proposed regulatory revisions to the National Primary Drinking Water Regulation for lead in more than 30 years. The United States has made tremendous progress in lowering children’s blood lead levels (.. children are a good data set analogous to the broader population). … Continue Reading

ESG Disclosure Simplification Act Passes Committee But Will Fail

By Stuart Kaplow on October 13, 2019 Posted in Environmental, Federal, Sustainability

On September 20, 2019, the Financial Services Committee in the U.S. House of Representatives passed H.R. 4329, the ESG Disclosure Simplification Act of 2019. The bill would require all public companies to disclose “environmental, social, and governance [ESG] metrics” as material information about the company. Although there is little if any chance that the bill … Continue Reading

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