Rescinding the regulatory definition that had treated significant habitat modification or degradation as a prohibited “harm” when it resulted in injury or death to protected wildlife.
Stuart D. Kaplow, P.A.
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http://www.stuartkaplow.com/
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From Gas Stoves to HVAC Systems – Proposed Federal Appliance Rule Restores Choice
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…
The Supreme Court’s Monsanto Decision – Why Businesses Far Beyond the Herbicide Industry Should Pay Attention
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…
Happy Fourth of July: Why Fireworks Get a Pass Under Environmental Law
Happy Fourth of July!…
California’s Packaging EPR Law Faces Constitutional Challenge from Seventeen States
Extended producer responsibility has become the environmental policy fad of the moment.…
Fourth Circuit Raises the Bar for PFAS Injunctions in Citizen Suits
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…
Why I Am Choosing Not to Eat Pizza and Bagels Made with Potassium Bromate
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…
SEC Proposes Rescission of Climate Related Disclosure Rules
The SEC formally proposed to entirely rescind its rules that require companies to provide climate change related information…
Appeals Court Issues Injunction Halting Maryland Green Marketing Law
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…
Historic Low Levels at Reservoirs Reveal Flaws in Modern Maryland Stormwater Management
The more than 70 trillion gallons of precipitation that fall annually in the Chesapeake Bay watershed make Maryland’s stormwater capture potential impossible to ignore, and the continued failure to harness this vast resource an increasingly indefensible missed opportunity.…