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Full-Text Articles in Law

How Lawyers Can Help Save The Planet, John C. Dernbach, Michael B. Gerrard May 2019

How Lawyers Can Help Save The Planet, John C. Dernbach, Michael B. Gerrard

John C. Dernbach

We are making a legal toolkit available with more than 1,000 specific recommendations for actions at the federal, state and local levels and in the private sector that could help advance the technical tools already available. Many lawyers are needed to help these recommendations become reality. 


A Legal Playbook For Deep Cuts In Greenhouse Gases, John C. Dernbach Dec 2018

A Legal Playbook For Deep Cuts In Greenhouse Gases, John C. Dernbach

John C. Dernbach

This Debate in Print concentrates on the U.S. energy system and asks, How should public policy move forward to promote the decarbonization of the American economy? And what blend of law, economics, science, and technology will get the job done?


Asking The Right Questions About The Future Of Shale Gas, John Dernbach Jan 2016

Asking The Right Questions About The Future Of Shale Gas, John Dernbach

John C. Dernbach

This Article argues that the questions that have guided U.S. energy policy for decades — about how to assure cheap, plentiful, and secure energy with basic environmental and public health protection — are no longer the only relevant questions. This is particularly true after the December 2015 Paris Agreement on climate change Shale, in which countries unanimously agreed to progressively reduce their greenhouse gas emissions until there are net zero greenhouse gas emissions in the second half of this century. Shale gas is used as a case in point. Shale gas development is justified on the basis that it contributes …


Introduction: Shale Gas And The Future Of Energy, John C. Dernbach, James R. May Dec 2015

Introduction: Shale Gas And The Future Of Energy, John C. Dernbach, James R. May

John C. Dernbach

This is the introduction to the first book systematically exploring the relationship between shale gas and sustainable development, Shale Gas and the Future of Energy: Law and Policy for Sustainability (Edward Elgar 2016). It describes the growing importance of unconventional shale gas and the evolution of sustainable development as a policy norm, and explains that there has been little analysis of the relationship between unconventional shale gas and sustainability. The introduction then summarizes twelve chapters by the contributing authors, who are not only lawyers and current and former policy makers, but also from public health, the social sciences, economics, and …


Shale Gas And The Future Of Energy: Framing The Sustainability Questions, John C. Dernbach Dec 2015

Shale Gas And The Future Of Energy: Framing The Sustainability Questions, John C. Dernbach

John C. Dernbach

Few energy issues in recent decades have proven as contentious as shale gas. Supporters and opponents often speak in such strikingly divergent terms that they seem to be describing different activities. Typically, supporters point to the economic and security impacts of shale gas, and minimize the adverse environmental and social effects. Opponents often point to negative environmental and social impacts, and downplay the economic and security effects. This chapter, from Shale Gas and the Future of Energy: Law and Policy for Sustainability (Edward Elgar 2016), explains sustainable development as an essential framework for providing a more complete understanding of whether …


Sustainable Development And Its Discontents, John C. Dernbach, Federico Cheever Sep 2015

Sustainable Development And Its Discontents, John C. Dernbach, Federico Cheever

John C. Dernbach

Sustainable development (or sustainability) is a decision-making framework for maintaining and achieving human well-being, both in the present and into the future. The framework requires both consideration and achievement of environmental protection, social justice and economic development. In that framework, environmental protection must be integrated into decisions about social and economic development, and social justice and economic viability must be integrated into decisions about environmental quality.

First endorsed by the world’s nations in 1992, this framework is intended to provide an effective response to the twin global challenges of growing environmental degradation and widespread extreme poverty. Sustainability provides a framework …


Robinson Township V. Commonwealth Of Pennsylvania: Examination And Implications, John C. Dernbach, James R. May, Kenneth T. Kristl Feb 2015

Robinson Township V. Commonwealth Of Pennsylvania: Examination And Implications, John C. Dernbach, James R. May, Kenneth T. Kristl

John C. Dernbach

In Robinson Township v. Commonwealth of Pennsylvania, the Pennsylvania Supreme Court held unconstitutional major parts of Pennsylvania’s “Act 13”—a 2012 oil and gas law designed to facilitate the development of natural gas from Marcellus Shale. In so doing, the Court breathed new life into Article I, Section 27 of Pennsylvania’s constitution, which creates public rights in certain environmental amenities and requires the state to “conserve and maintain” public resources “for the benefit of all the people.” This paper describes the decision, explains some of its immediate implications in Pennsylvania, and also explains its importance for public environmental rights and environmental …


Facing Down The So-Called Agenda 21 'Conspiracy', John Dernbach Jan 2015

Facing Down The So-Called Agenda 21 'Conspiracy', John Dernbach

John C. Dernbach

No abstract provided.


The Aba Embraces Sustainability: From The Earth Summit To Rio+20 And Beyond, John Dernbach, Ira Feldman Dec 2014

The Aba Embraces Sustainability: From The Earth Summit To Rio+20 And Beyond, John Dernbach, Ira Feldman

John C. Dernbach

No abstract provided.


The Potential Meanings Of A Constitutional Public Trust, John Dernbach Dec 2014

The Potential Meanings Of A Constitutional Public Trust, John Dernbach

John C. Dernbach

No abstract provided.


A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Craig, John Dernbach, Keith Hirokawa, Alexandra Klass, Katrina Kuh, Stephen Miller, Jessica Owley, Shannon Roesler, Jonathon Rosenbloom, Inara Scott, David Takacs Dec 2014

A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Craig, John Dernbach, Keith Hirokawa, Alexandra Klass, Katrina Kuh, Stephen Miller, Jessica Owley, Shannon Roesler, Jonathon Rosenbloom, Inara Scott, David Takacs

John C. Dernbach

This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …


Can Shale Gas Help Accelerate The Transition To Sustainability?, John Dernbach, James May Dec 2014

Can Shale Gas Help Accelerate The Transition To Sustainability?, John Dernbach, James May

John C. Dernbach

The sudden and unexpected development of shale gas has the potential to accelerate or hinder the transition to sustainability, depending on how it is handled. Sustainable development is a useful evaluative framework for shale gas development. It would have us analyze its environmental, social, economic, and security dimensions at the same time, and look for ways to make all four dimensions mutually reinforcing. This article suggests that sustainable shale gas development: 1) requires a sophisticated and comprehensive regulatory system to protect the environment and public health as well as a legal and policy framework capable of both ensuring significant social …


A Legislative History Of Article I, Section 27 Of The Constitution Of The Commonwealth Of Pennsylvania, John Dernbach, Edmund Sonnenberg Dec 2014

A Legislative History Of Article I, Section 27 Of The Constitution Of The Commonwealth Of Pennsylvania, John Dernbach, Edmund Sonnenberg

John C. Dernbach

No abstract provided.


Recognition Of Environmental Rights For Pennsylvania Citizens: A Tribute To Chief Justice Castille, John Dernbach, Marc Prokopchak Dec 2014

Recognition Of Environmental Rights For Pennsylvania Citizens: A Tribute To Chief Justice Castille, John Dernbach, Marc Prokopchak

John C. Dernbach

No abstract provided.


Sustainable Development, John Dernbach May 2014

Sustainable Development, John Dernbach

John C. Dernbach

No abstract provided.


Essential Reading On Sustainable Development Law, Andrea Ross, John Dernbach Dec 2013

Essential Reading On Sustainable Development Law, Andrea Ross, John Dernbach

John C. Dernbach

This short bibliography identifies and describes twelve key readings in the law of sustainable development.


Writing Essay Exams To Succeed In Law School (Not Just To Survive), John Dernbach Dec 2013

Writing Essay Exams To Succeed In Law School (Not Just To Survive), John Dernbach

John C. Dernbach

No abstract provided.


Evolution Of U.S. Climate Policy, John Dernbach, Robert Altenburg Dec 2013

Evolution Of U.S. Climate Policy, John Dernbach, Robert Altenburg

John C. Dernbach

No abstract provided.


The Growing Importance Of Sustainability To Lawyers And The Aba, John Dernbach, Lee Dehihns, Ira Feldman Jun 2013

The Growing Importance Of Sustainability To Lawyers And The Aba, John Dernbach, Lee Dehihns, Ira Feldman

John C. Dernbach

No abstract provided.


The Sustainable Relationship: What The United States And The United Kingdom Can Teach Each Other About Climate Change And Sustainable Development At The National Level, John Dernbach, Andrea Ross Apr 2013

The Sustainable Relationship: What The United States And The United Kingdom Can Teach Each Other About Climate Change And Sustainable Development At The National Level, John Dernbach, Andrea Ross

John C. Dernbach

No abstract provided.


Hitting The Sustainability Accelerator: 51 Sustainability Experts, 4 Approaches, John Dernbach Feb 2013

Hitting The Sustainability Accelerator: 51 Sustainability Experts, 4 Approaches, John Dernbach

John C. Dernbach

No abstract provided.


Acting As If Tomorrow Matters: Mapping The Obstacles To Sustainability, John Dernbach Jan 2013

Acting As If Tomorrow Matters: Mapping The Obstacles To Sustainability, John Dernbach

John C. Dernbach

No abstract provided.


What Motivates Sustainability Efforts In The U.S.?, John Dernbach Jan 2013

What Motivates Sustainability Efforts In The U.S.?, John Dernbach

John C. Dernbach

No abstract provided.


U.S. Sustainability Efforts: Modest Progress But An Increasingly Distant Goal, John Dernbach Jan 2013

U.S. Sustainability Efforts: Modest Progress But An Increasingly Distant Goal, John Dernbach

John C. Dernbach

No abstract provided.


As If Tomorrow Matters: Accelerating Progress Toward Sustainability, John Dernbach Jan 2013

As If Tomorrow Matters: Accelerating Progress Toward Sustainability, John Dernbach

John C. Dernbach

No abstract provided.


A Practical Guide To Legal Writing & Legal Method, John Dernbach, Richard Singleton, Cathleen Wharton, Joan Ruhtenberg, Catherine Wasson Dec 2012

A Practical Guide To Legal Writing & Legal Method, John Dernbach, Richard Singleton, Cathleen Wharton, Joan Ruhtenberg, Catherine Wasson

John C. Dernbach

No abstract provided.


Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach Dec 2012

Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


The Unfinished Story Of The Rio Plus 20 Conference, John Dernbach Oct 2012

The Unfinished Story Of The Rio Plus 20 Conference, John Dernbach

John C. Dernbach

Reporting on the 2012 U.N. Conference on Sustainable Development (or Rio+20 conference) has generally followed two lines: the conference was essentially a failure because of its tepid official response to the enormous and related problems of global environmental degradation and global poverty; and the conference successfully managed to mobilize hundreds of voluntary commitments and at least $513 billion for specific sustainability goals. A third story line has received little attention, however, and may redeem the account of official failure. This article addresses that story line, reviewing a series of processes set in motion by the parties to the conference that …


It Takes A Global Sustainability Movement, John C. Dernbach Sep 2012

It Takes A Global Sustainability Movement, John C. Dernbach

John C. Dernbach

No abstract provided.


When Will America, World Make Sustainability A Priority?, John Dernbach Jun 2012

When Will America, World Make Sustainability A Priority?, John Dernbach

John C. Dernbach

No abstract provided.