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Maryland is First State to Legislate Permitted Use of PFAS

Green Building Law Update

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.

Maryland 177
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Gleaning the Direction of ESG Regulation

Green Building Law Update

There is uncertainty in this bleeding edge subject and with new statutes, codes and regulations on the cusp of enactment at the federal level, by states, as well as internationally, we track much of that for our clients. We do not need to be a futurist to know that SEC regulation in the ESG space is coming.

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ESG is Not Just for Public Companies

Green Building Law Update

I am excited to be presenting a fast paced and fun one hour virtual program, “Environmental Social Governance (ESG) an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. This market driver is, of course, before any real ESG regulation in the U.S.”.

Maryland 177
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Supreme Court Permits State Law Claims Against Superfund Property

Green Building Law Update

A key lesson to be learned here is that even a landowner determined to be an “inculpable person” under a state voluntary cleanup program is still subject to a state law claim by some other impacted third party property owner. Among the reasons this is a significant decision is the impact on widely utilized state Brownfields programs.

Claims 156
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Maryland Bans Polystyrene and Enacts 31 other New Environmental Laws

Green Building Law Update

The Maryland General Assembly, the state’s legislative body meets in regular session for 90 days each year beginning the second Wednesday in January to act on more than 2,500 pieces of legislation. Maryland has been described as having more pages of environmental statutes and regulations on a per capita basis than any other state.

Maryland 120
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Net Zero Pledges by Businesses are Fraught with Risk

Green Building Law Update

Businesses making a net zero claim like, “we will be net zero by 2030” risk a charge that they are misleading consumers. It is one thing when a political leaders in a government make an ESG claim. But it is another thing for a business to make ESG claims about net zero or otherwise that mislead customers.

Risk 156
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A Call for Comprehensive and Clearer ESG Disclosures

Green Building Law Update

A key component of our work is to provide counsel and advice in avoiding claims of greenwashing, or misleading communications, real or perceived, by business in their ESG disclosures. In 2021, EU based regulators began to fill the ESG disclosure void, but with the change in political climate in the U.S., If each country (.