Environmental Law

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20 08, 2017

Solar Panel Tariff Fight Makes Strange Bedfellows

August 20th, 2017|Environmental Law|

The U.S. International Trade Commission held a nearly 10 hour initial public hearing this past Tuesday on a petition seeking tariffs and price minimums on low cost imported solar panels. The petition seeks duties of 40 cents per watt on imported solar cells and also a floor price of 78 cents per watt on solar [...]

13 08, 2017

You Should Not Contract With Your Environmental Consultant

August 13th, 2017|Environmental Law|

In an effort to mitigate risk you should not contract directly with an environmental consultant, but rather your attorney should contract with that consultant. While laws vary from state to state, in the vast majority of factual situations a business or property owner is ill served by contracting directly with a third party for most [...]

22 07, 2017

Paint Companies Settle FTC Charges Over Deceptive Zero VOC Claims

July 22nd, 2017|Environmental Law|

Four paint companies have agreed to settle Federal Trade Commission charges that they deceptively promoted products as containing zero volatile organic compounds (VOCs) or as emission free, including during and immediately after application. Some promotions also made explicit safety claims. Specifically, the first FTC complaint alleges, In connection with the advertising, promotion, offering for sale, [...]

16 07, 2017

South Miami Poised to Mandate Solar Panels

July 16th, 2017|Environmental Law|

The City of South Miami, Florida City Commission is scheduled to take a final vote on July 18 on an ordinance that will require rooftop photovoltaic panels on new construction and major renovations. The ordinance is likely to pass given that at its July 12 meeting the second reader version of this ordinance passed with [...]

9 07, 2017

Mold can be Arrested in the Marketplace

July 9th, 2017|Environmental Law|

Concern about exposure to indoor mold has been increasing as the public becomes sensitive to issues of building occupant health and wellbeing. Mold problems in buildings have in large measure been exacerbated by changes in building codes and construction practices that began in the 1970s. In the quest to be more energy efficient, buildings are [...]

2 07, 2017

Superfund can Save Our Current Way of Life

July 2nd, 2017|Environmental Law|

Superfund is broken. “[W]e all know it doesn't work -- the Superfund has been a disaster," said President Clinton. President Bush described the need for a program overhaul. President Obama acknowledged the 37 year old federal program’s flaws while seeking more funding. And now under President Trump there is action to clean up the Superfund [...]

25 06, 2017

PACE in Maryland is Not Keeping Pace

June 25th, 2017|Environmental Law|

In 2008 I said Property Assessed Clean Energy (PACE) loans “could be bigger than anything in U.S. real estate since the invention of the glass window.” But today, despite Maryland having enacted a PACE enabling law in 2014, only one PACE loan has closed in the State. By any measure, "one" is not an overwhelming [...]

18 06, 2017

You Need a Green Building Consultant (Who Speaks for the Trees)

June 18th, 2017|Environmental Law|

We are often asked “what is the best way to assure success in a green building project?” Whether that query is from a Fortune 1000 businesses or an architect, the answer is the same, have the owner engage an experienced green building consultant as early as possible in the project. Which often leads to a [...]

11 06, 2017

Attorney General’s End of Third Party Settlements is Good for the Environment

June 11th, 2017|Environmental Law|

Attorney General Jeff Sessions issued a memo on June 5, 2017 to all Department of Justice components and 94 U.S. Attorney’s Offices prohibiting them from entering into any agreement in settlement of federal claims or charges that directs or provides for a settlement payment to non-governmental, third parties that were not directly harmed by the [...]

4 06, 2017

Retailers Pay Millions for Hazardous Waste Violations

June 4th, 2017|Environmental Law|

Retailers across the nation are buttressing their trash disposal practices after Dollar General Stores and Big Lots Stores paid Millions of dollars to settle civil suits for environmental violations for the unlawful disposal of hazardous waste, including customer returned merchandise and batteries. Most businesses should have a solid waste management plan to provide staff with [...]