Tag Archives: preemption

Citizens and Businesses Join Suing Maryland to Halt BEPS

The Maryland BEPS regulations are preempted by federal law because they concern the energy use of appliances covered by the federal Energy Policy and Conservation Act and are therefore void and unenforceable.… Continue Reading

Does Federal EPCA Trump Colorado Building Energy Performance Standards (BEPS)?

By Stuart Kaplow on May 5, 2024 Posted in Energy, State

These Colorado laws fail as being precisely what Congress was barring with the express preemption mandate in EPCA… Continue Reading

2024 International Energy Conservation Code is Final After Addressing Preemption

By Stuart Kaplow on April 7, 2024 Posted in Codes and Regulations, Energy, Green Building, Local Government

This is a big deal because versions of the IECC are in use or have been adopted in 48 states … Continue Reading

Settlement Portends Broad Failure in Attempts to Ban Natural Gas

By Stuart Kaplow on March 31, 2024 Posted in Federal, GHG, State

The immediate and long term failure of state and local governments' attempts to ban natural gas in homes and businesses.… Continue Reading

Court Strikes Down Federal Dishwasher and Washing Machine Rules

By Stuart Kaplow on January 14, 2024 Posted in Uncategorized

No part of that text indicates Congress gave DOE power to regulate water use for energy-using appliances like dishwashers and washing machines… Continue Reading

State Law Trumps on Location of Solar Panels

By Stuart Kaplow on July 28, 2019 Posted in Energy, Environmental, Solar Panel

There will be a brief hiatus in regular blog posts during the month of August. I am in Peru walking slowly up the very big hill that is Siula Grande (.. in lieu of blog posts, read the book or watch the movie, “Touching The Void” about the first guys to summit this mountain). “Here … Continue Reading

Green Building Law Update

Environmental Law and Sustainability for Business