Green Building Law Update

DECEMBER 9, 2018

At a time when solar panels are de riguere a recent decision by a Maryland appellate court limiting the authority of local governments to regulate the location and specifics of construction of a solar farm has broad implications far beyond this case. The Washington County Board of Zoning Appeals granted the relief requested.

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Regulation Maryland Zoning Washington 174

Green Building Law Update

MAY 23, 2021

The Maryland legislature has enacted and the Governor is expected to sign legislation that will take effect on June 1, 2021 establishing aggressive state tree planting goals and a host of other initiatives rooted in trees, all in an effort to respond to climate change.

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Maryland Banking Housing Sustainability 156

Green Building Law Update

AUGUST 27, 2017

Last week the Maryland Green Building Council voted unanimously to recommend that Green Globes, at the two Green Globes level, be approved by the Maryland Secretaries of Budget and Management and General Services as a “high performance building” as defined in Maryland law. of this article. (i)

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Maryland Green Guidelines Budgeting 189

Green Building Law Update

SEPTEMBER 5, 2021

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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Regulation Risk Sustainability Claims 156

Green Building Law Update

JUNE 5, 2016

Maryland Governor Lawrence J. Specifically, Governor Hogan announced he was vetoing House Bill 1106 – Clean Energy Jobs – Renewable Energy Portfolio Standard Revisions, as enacted in the just concluded 2016 Maryland General Assembly session. of their total electric supply into Maryland. This includes 12.7%

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Maryland Electrical Housing Baltimore 149

Green Building Law Update

MAY 5, 2019

Last week the Maryland Court of Special Appeals, the state’s intermediate appellate court, overturned an earlier circuit court decision, reinstating a Montgomery County ordinance significantly restricting pesticide use throughout the County. Montgomery County, Maryland v. In October 2015, the Montgomery County Council enacted Bill No.

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Maryland Regulation Risk Permits 120

Green Building Law Update

JUNE 5, 2016

Maryland Governor Lawrence J. Specifically, Governor Hogan announced he was vetoing House Bill 1106 – Clean Energy Jobs – Renewable Energy Portfolio Standard Revisions, as enacted in the just concluded 2016 Maryland General Assembly session. of their total electric supply into Maryland. This includes 12.7%

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Maryland Electrical Housing Baltimore 120

Green Building Law Update

MARCH 30, 2015

By statute all solar panels are pervious in Maryland. Of course that doesn’t mean that rain actually passes through the solar panels or that in Maryland the panels are constructed to be any more permeable than elsewhere. Unfortunately, the law to date has had little, if any, effect in Maryland.

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Maryland Zoning Regulation Permits 120

Green Building Law Update

APRIL 28, 2019

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.

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Maryland Permits Sewer Housing 120

Green Building Law Update

NOVEMBER 12, 2013

Maryland is primed to expand and incentivize use of the International Green Construction Code. In 2011, Maryland was the first state in the country to authorize use of the IgCC for private and public construction. It is not surprising the IgCC found Maryland fertile ground. All government construction must be LEED Silver.

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Maryland Green Baltimore Regulation 120

Green Building Law Update

JUNE 25, 2017

But today, despite Maryland having enacted a PACE enabling law in 2014, only one PACE loan has closed in the State. I was asked recently to recommend how PACE in Maryland could be improved. What follows is my top 10 list actions to make PACE a success in Maryland. real estate since the invention of the glass window.”.

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Maryland Lien Finance Cash Flow 136

Green Building Law Update

NOVEMBER 14, 2021

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.”.

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Maryland Regulation Electrical Legal 177

Green Building Law Update

SEPTEMBER 4, 2016

In the name of resilience, reliability and green this proposed regulation will result in significant additional first costs for affected building. Arguably the accelerating rise in sea levels exacerbated by those portions of the U.S. There is no single entity that controls building in a floodplain.

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Regulation Zoning Insurance Maryland 195

Green Building Law Update

JUNE 1, 2015

The Maryland legislature passed and last month Governor Larry Hogan signed into law House Bill 216 , now enrolled as Chapter 409, prohibiting the manufacture of a personal care product containing “synthetic plastic microbeads,” beginning December 31, 2017, and the sale of such a product beginning December 31, 2018.

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Maryland Guidelines Products New Jersey 120

Green Building Law Update

OCTOBER 7, 2018

But little of this including lead is regulated. Lead is regulated in public drinking water supplies under SDWA, a federal law that was initially passed in 1974. The vast majority of public water suppliers do not include schools in their sampling plans because regulations only require sampling of single family dwellings.

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Green Maryland Rhode Island Regulation 230

Green Building Law Update

AUGUST 29, 2021

We are regularly asked if there is a checklist for ESG compliance and while there is not, with promised federal regulations not yet promulgated, there is good guidance available. A number of examples of race neutral measures that promote corporate diversity already exist.

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Maryland Legal Regulation Alaska 156

Green Building Law Update

MAY 1, 2022

With the federal government and state of Maryland each having announced within days of each other, the mandated disclosure of greenhouse gas (GHG) emissions, we have received, maybe not surprising, many calls in the last two weeks inquiring “what are GHGs?” and “what are Scope 3 GHG emissions (. and “what are Scope 3 GHG emissions (.

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Maryland Regulation Organization Accounting 156

Green Building Law Update

JULY 19, 2020

Howard County, Maryland has become the first jurisdiction in the state and one of few places in the country to pass a mandatory “bird-friendly design” law for new construction of privately owned buildings. The bird-friendly design standards that the Director adopts by regulation and that are equivalent to Pilot Credit #55.

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New York City Green Maryland Permits 289

Green Building Law Update

SEPTEMBER 7, 2020

All these years later, Maryland now joins a majority of other states and adopted the Daubert reliability factors, overruling Frye. In place of Frye , the Supreme Court provided a list of flexible factors to help courts determine the reliability of expert testimony.

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Maryland United States District of Columbia Baltimore 156

Green Building Law Update

MAY 30, 2021

To work toward long term solutions, we counsel clients to be active participants in efforts with regulators to help develop useful ESG disclosure guidance in their industry. 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 (. If each country (.

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Regulation Sustainability IDEA United States 156

Green Building Law Update

JULY 4, 2021

With that wide public sentiment for fireworks, there is actually almost no environmental regulation for the setting off of millions of little explosions of the more than 99% of fireworks imported from China. But, San Diego does regulate fireworks for locations near the coast, requiring expensive permits (.

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Regulation San Diego United States Permits 156

Green Building Law Update

JANUARY 31, 2021

Additionally, there are a limited number of places where PFAS is regulated as state hazardous substance, like Michigan where should likely be included in a Phase I. And there is at least one place where there appears to be a complete disconnect, as I described last year in a post, Maryland the First State to Legislate Permitted Use of PFAS.

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Site Commercial United States Regulation 156

Green Building Law Update

JANUARY 1, 2020

What You Can Say about RECs is Regulated by the FTC. Maryland Schools will No Longer be LEED Certified. Radon Caused More Than 21,000 Deaths Last Year. LEED Offers Companies a Response to Declining Bird Populations. Tenants Order Phase l to Avoid Hazardous Substance Liability. LEED Prerequisite Now Prohibits Smoking Cannabis.

Maryland 156

Maryland Green Liability Risk 156

Green Building Law Update

JANUARY 31, 2016

The City of Rockville, Maryland has adopted the International Green Construction Code 2012 as mandatory for all commercial and multi family building. city with a population below 100,000 and Rockville is in Maryland, ranked number 2 among all states for LEED building per capita. or the National Green Building Standard (ICC 700-2012).

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Green Maryland Regulation Commissioning 120

Green Building Law Update

OCTOBER 18, 2020

In the more than 4,400 code adopting jurisdictions across the country only the town of Gaithersburg , Maryland has adopted the 2018 IgCC.

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Baltimore Green Denver Maryland 156

Green Building Law Update

APRIL 24, 2022

As noted in the proposal itself, the regulation builds on the SEC’s previous rules and guidance on climate related disclosures, which date back to the 1970s. The resultant regulation will change the way business and the economy function. This proposed rule may well alter the trajectory of the U.S.

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Green Building Law Update

NOVEMBER 28, 2021

I am excited to be presenting a fast paced and fun one hour virtual program, “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. Do you believe there will be mandatory ESG disclosures and more ESG regulation within the next 12 months?

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Regulation Legal Consulting Maryland 156

Green Building Law Update

JULY 25, 2021

Some believe this tying the consideration to “current” standards, as opposed to the regulator determination at the time the tank was closed, creates a Faustian bargain for the environmental professional, and will greatly limit the supremely valuable designation of HRECS. This new text only exacerbates a prior bad word choice.

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Site Drafting United States Regulation 296

Green Building Law Update

OCTOBER 25, 2015

Today there are only a handful of community projects actually producing power in Arizona, Colorado, California and Maryland. Of course the allocation of costs and benefits will largely be driven by financial and tax considerations in this highly regulated area. But community solar appears poised to shine brightly.

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Maryland Electrical Regulation Modeling 120

Safety Services Company

SEPTEMBER 17, 2014

Federal OSHA regulations are simply the minimum standard. Maryland OSHA (MOSH) is one of the “state plan” states that administer their own “mini-OSHA.” MOSH has beefed up their regulations on everything from: Excavation designs. OSHA has specific training regulations for some heavy equipment such as: forklifts and cranes.

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OSHA Maryland Plans Employment 61

Green Building Law Update

NOVEMBER 1, 2021

13, 2020, Labor published a final rule on “ Financial Factors in Selecting Plan Investments ,” which adopted amendments to the “Investment Duties” regulation under Title I of ERISA. By way of background, on Nov.

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Plans Management Regulation Risk 156

Green Building Law Update

JANUARY 30, 2022

In the most compelling response, 86% believe there will be mandatory ESG disclosures and more ESG regulation within the next 12 months. Particularly forward thinking and looking for certainty, 62% favor mandatory ESG disclosures and more ESG regulation within the next 12 months.

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Statistics Regulation Legal Profitability 156

Construction Junkie

DECEMBER 9, 2020

Wood, a notoriously opaque substance, has apparently been resting on its laurels for far too long and not reaching its full potential, a team of researchers from Forest Products Laboratory (FPL), the University of Maryland, and the University of Colorado believes.

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US Maryland Colorado Regulation 98

Green Building Law Update

NOVEMBER 29, 2020

It is important to accept that EPA’s authority to regulate recycling is fuzzy at best, beyond the agency’s implementation of the Resource Conservation and Recovery Act. What may be called for is a better approach to resource use and operation of buildings. Most solid waste collection in the U.S. is at the municipal level.

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Drafting Resource Baltimore Materials 234

Green Building Law Update

JUNE 22, 2014

The Maryland legislature enacted enabling legislation permitting local governments to adopt the IgCC in 2011 and Baltimore will be the first to do so. Although as this bill is introduced, Montgomery County, Maryland is preparing legislation to repeal its existing LEED centric mandate replacing it with the IgCC.

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Baltimore Green Permits Maryland 120

Green Building Law Update

JUNE 13, 2021

Fish and Wildlife Service announced a proposed rule to restore criminal penalties for accidental killing of migratory birds, revoking the January 7, 2021, final regulation that limited the enforcement of the 1918 Migratory Bird Treaty Act. Last week, the U.S.

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Electrical Regulation Estimating United States 278

Green Building Law Update

MARCH 10, 2019

Modern appreciation of the perils of lead resulted in the federal government banning the use of lead based paint in dwellings in 1978, as well as federal, state and local laws, including federal regulations that have at least since 1994 mandated certain disclosures in real estate transactions. More than three quarters of the U.S.

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Leases Inspections Contract Regulation 136