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Full-Text Articles in Law

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.


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.


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.


Acting As If Tomorrow Matters: Accelerating The Transition To Sustainability, John Dernbach May 2012

Acting As If Tomorrow Matters: Accelerating The Transition To Sustainability, John Dernbach

John C. Dernbach

No abstract provided.


Sustaining America, John Dernbach Apr 2012

Sustaining America, John Dernbach

John C. Dernbach

This essay summarizes U.S. sustainability efforts over the two decades since the U.N. Conference on Environment and Development (or Earth Summit) in 1992. It also summarizes basic findings and recommendations from Acting as if Tomorrow Matters: Accelerating the Transition to Sustainability (Environmental Law Institute 2012). Drawing on the expertise of more than four dozen sustainability practitioners in a variety of fields, the book teases from the limited progress made in the United States over the past two decades the overall patterns for that progress. It also reviews the most significant obstacles to sustainability, again showing patterns in those obstacles across …


Next Generation Recycling And Waste Reduction: Building On The Success Of Pennsylvania's 1988 Legislation, John C. Dernbach Dec 2011

Next Generation Recycling And Waste Reduction: Building On The Success Of Pennsylvania's 1988 Legislation, John C. Dernbach

John C. Dernbach

No abstract provided.


Legal Education For Sustainability: A Report On Us Progress, John Dernbach Aug 2011

Legal Education For Sustainability: A Report On Us Progress, John Dernbach

John C. Dernbach

This article is an overview of sustainability efforts in US law schools. It describes two sets of drivers for these efforts—inside and outside the legal profession. Drivers from within the legal profession include the American Bar Association as well as several state and local bar associations; law firms and other law organisations; and current and prospective law students. Drivers from outside the legal profession include clients, universities and colleges, nongovernmental organisations, and government. This article then describes what US law schools are now doing in the areas of curriculum, research, buildings and operations, community outreach and service, student life, and …


Can The Battle Against Climate Change Become An Effective Social Movement?, John Dernbach May 2011

Can The Battle Against Climate Change Become An Effective Social Movement?, John Dernbach

John C. Dernbach

No abstract provided.


Federal Energy Efficiency And Conservation Laws, John Dernbach, Marianne Tyrrell May 2011

Federal Energy Efficiency And Conservation Laws, John Dernbach, Marianne Tyrrell

John C. Dernbach

This paper provides an overview of U.S. law and policy concerning energy efficiency and conservation. The United States appears torn between two narratives - one expressing the abundant demonstrated opportunities provided by energy savings and the other based on a fear of deprivation from using less energy. Rather than choosing between the two, U.S. law and policy splits the difference - embracing efficiency and conservation more or less halfheartedly. Energy efficiency and conservation policy thus has a Groundhog Day aspect, in which the same or similar arguments are made year after year, decade after decade, and often (it appears) to …


Next Generation Recycling & Waste Reduction: Building On The Success Of Pennsylvania’S 1988 Legislation, John C. Dernbach Mar 2011

Next Generation Recycling & Waste Reduction: Building On The Success Of Pennsylvania’S 1988 Legislation, John C. Dernbach

John C. Dernbach

The Municipal Waste Planning, Recycling, and Waste Reduction Act (Act 101 of 1988) keeps millions of tons of materials out of landfills every year. It supports a multi-billion dollar industry that provides tens of thousands of jobs. It also probably affects human environmental behavior more than any other statute in state history. And it reduces greenhouse gas emissions at the same time because of the materials and energy that are saved.

Yet the program is now rudderless and drifting. While the Act contains specific goals, those goals have either been met or ignored, and no new goals have been set. …


Perspectives On Law Firm Sustainability, Howard S. Dakoff, John C. Dernbach Feb 2011

Perspectives On Law Firm Sustainability, Howard S. Dakoff, John C. Dernbach

John C. Dernbach

No abstract provided.