Whether one views the MBTA’s strict protections as a moral imperative or a statutory overreach, the law as it stands, at least for now, does not prohibit incidental take.
Migratory Bird Treaty Act Does Not Prohibit Incidental Take – Again
Stuart D. Kaplow, P.A. Blogs
Latest from Stuart D. Kaplow, P.A.
President Trump’s Bold Step to Rein in State Overreach in Climate Change
On April 8, 2025, President Donald J. Trump issued a powerful and consequential Executive Order with the innocuous sounding title, “Protecting American Energy from State Overreach.” The impact of that Executive Order will be far broader than the title belies
Mandatory GHG Disclosures in Maryland Real Estate Contracts
Maryland law now requires specified greenhouse gas emissions disclosures and exchange of performance data in a contract of sale for buildings subject to the state’s Building Energy Performance Standards.
Failure to comply with the regulation can have significant financial and
NYC Building Electrification Ruling is Interesting But Not a Game Changer
It’s a brainy, nuanced take that will keep law professors buzzing.
Greenpeace Ordered to Pay $667M in Legal Blow to Environmental Activism
Whether or not the Netherlands based Greenpeace survives in the U.S., the outcome of this legal battle will likely influence future strategies of both advocacy groups and corporations, shaping the landscape of activism in the United States, environmental activism, and
The Most Consequential Day of Environmental Deregulation in American History
The EPA’s core mission of safeguarding human health and the environment remains
States Challenge Validity of New York’s Climate Change Superfund Act
The recent enactment of the Climate Change Superfund Act in New York has set the stage for a significant legal battle over the scope of state authority to impose financial responsibility for purported climate related damages. The outcome of this
House Votes to Protect the Gas Water Heater in Your House
In this instance, the federal government was not coming for your gas stove, but it certainly was coming for your non-condensing natural gas powered hot water heater.
EPA Moves to Overturn California’s Motor Vehicle Emission Standards
When Congress overturns these vehicle emission waivers the impact will be far greater than only motor vehicles sold in the future in California and even in the 11 other states that have coopted these regulations.
SEC Climate Disclosure Rule: A Dramatic Reversal Under Trump
.. is deeply flawed and could inflict significant harm on the capital markets and our economy.