Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 51

Full-Text Articles in Law

Sustainability And Global Environmental Constitutionalism, James R. May Apr 2017

Sustainability And Global Environmental Constitutionalism, James R. May

James R. May

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.


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.


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.


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. …


The Essential And Growing Role Of Legal Education In Achieving Sustainability, John Dernbach Jan 2011

The Essential And Growing Role Of Legal Education In Achieving Sustainability, John Dernbach

John C. Dernbach

This article suggests that law schools need to play a leading role in the national and global effort to achieve sustainability, including the effort to address climate change. The article first describes the various drivers for sustainability in law schools. Clients are increasingly demanding that their lawyers 'walk the talk,' as many businesses and corporations already are. The universities that provide an institutional home for most law schools are also adopting sustainability policies and practices that influence their law schools. Within the legal profession, the American Bar Association, as well as many state and local bar associations, have adopted a …


Climate Change, Sustainable Development, And Ecosystems: 2010 Annual Report, John Dernbach Dec 2010

Climate Change, Sustainable Development, And Ecosystems: 2010 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


Creating The Law Of Environmentally Sustainable Economic Development, John Dernbach Dec 2010

Creating The Law Of Environmentally Sustainable Economic Development, John Dernbach

John C. Dernbach

This article argues that a key to sustainability is redirecting the law of economic development. From a historical perspective, sustainable development is an effort to integrate environmental protection and restoration with development. As a result, it is not possible to fully understand sustainable development unless we understand what development means. While that term is reasonably well understood at the international level, our closest analogue in the United States is not development in general but rather economic development. A great many recently enacted laws that move the United States toward sustainability can be understood as economic development laws. By understanding these …


Environmental Laws And Sustainability: An Introduction, John Dernbach, Joel Mintz Dec 2010

Environmental Laws And Sustainability: An Introduction, John Dernbach, Joel Mintz

John C. Dernbach

In this introduction to the special issue of Sustainability on environmental laws and sustainability, we attempt to synthesize key lessons from the issue’s ten substantive articles. These lessons involve the use of law to achieve integrated decision-making, the use of pre-existing laws to foster sustainability, the centrality of sub-national governments in achieving sustainability, the background law of unsustainable development, the growing importance of climate change, the need to use law to protect and restore ecological integrity, the importance of judicial review and nongovernmental organizations, the need to translate sustainability into specific legal principles, the challenge of creating an appropriate national …


Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach Mar 2009

Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach

John C. Dernbach

No abstract provided.


Sustainable America Is Achievable In Our Lifetime, John Dernbach Mar 2009

Sustainable America Is Achievable In Our Lifetime, John Dernbach

John C. Dernbach

No abstract provided.


Smart Use Of Resources Makes Good Economic Sense, John Dernbach Mar 2009

Smart Use Of Resources Makes Good Economic Sense, John Dernbach

John C. Dernbach

No abstract provided.


Progress Toward Sustainability: A Report Card And A Recommended Agenda, John Dernbach Dec 2008

Progress Toward Sustainability: A Report Card And A Recommended Agenda, John Dernbach

John C. Dernbach

No abstract provided.


Agenda For A Sustainable America, John Dernbach Dec 2008

Agenda For A Sustainable America, John Dernbach

John C. Dernbach

No abstract provided.


Environmental Law: The Policy Implications Of The Reaction To Climate Change, Jeffrey Sutton, Jonathan Adler, John Dernbach, Steven Hayward, Jeremy Rabkin Dec 2008

Environmental Law: The Policy Implications Of The Reaction To Climate Change, Jeffrey Sutton, Jonathan Adler, John Dernbach, Steven Hayward, Jeremy Rabkin

John C. Dernbach

No abstract provided.


National Governance: Still Stumbling Toward Sustainability, John C. Dernbach Dec 2008

National Governance: Still Stumbling Toward Sustainability, John C. Dernbach

John C. Dernbach

No abstract provided.


The Role Of Science And Engineering In Water Regulation Over The Past 100 Years, James R. May, Patrick Clary Nov 2008

The Role Of Science And Engineering In Water Regulation Over The Past 100 Years, James R. May, Patrick Clary

James R. May

This article explores how scientific and engineering principles are inexorably linked to the regulation of water. Scientists and engineers first discovered the link between disease and water sources in the mid-19th century. Over the years, scientists and engineers have led the way to identifying water quality problems and their causes. These discoveries have directly contributed to the scope of water regulation in the United States and elsewhere. In addition, changes in water quality regulation have dictated the need for increasingly sophisticated water treatment technologies and engineers have been at the forefront of the development of these water control technologies. This …


Engaging Individuals In Climate Change Mitigation, John Dernbach Dec 2007

Engaging Individuals In Climate Change Mitigation, John Dernbach

John C. Dernbach

No abstract provided.


Navigating The U.S. Transition To Sustainability: Matching National Governance Challenges With Appropriate Legal Tools, John Dernbach Dec 2007

Navigating The U.S. Transition To Sustainability: Matching National Governance Challenges With Appropriate Legal Tools, John Dernbach

John C. Dernbach

Sustainable development would require the United States to maintain and improve human prosperity while at the same time greatly reducing its consumption of energy, materials, water, and land. The scope of the challenge includes, but is not limited to, climate change. This Article suggests the elements of a legal structure for achieving sustainability.

Because achieving sustainable development is a significant learning experience, the United States will need to employ a form of governance—reflexive governance—that requires constant learning and supportive citizens and stakeholders who are also working to ensure sustainability in their own activities. The two basic problems reflexive governance must …


Harnessing Individual Behavior To Address Climate Change: Options For Congress, John C. Dernbach Dec 2007

Harnessing Individual Behavior To Address Climate Change: Options For Congress, John C. Dernbach

John C. Dernbach

No abstract provided.


Guest Perspective: Energy Efficiency And Conservation: The Most Cost-Effective Approach To Climate Change, John Dernbach Feb 2007

Guest Perspective: Energy Efficiency And Conservation: The Most Cost-Effective Approach To Climate Change, John Dernbach

John C. Dernbach

No abstract provided.


U.S. Policy, John Dernbach Dec 2006

U.S. Policy, John Dernbach

John C. Dernbach

No abstract provided.


Overcoming The Behavioral Impetus For Greater U.S. Energy Consumption, John C. Dernbach Dec 2006

Overcoming The Behavioral Impetus For Greater U.S. Energy Consumption, John C. Dernbach

John C. Dernbach

No abstract provided.


In The Heat Of The Law, It's Not Just Steam: Geothermal Resources And The Impact On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant Dec 2006

In The Heat Of The Law, It's Not Just Steam: Geothermal Resources And The Impact On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant

Donald J. Kochan

Significant research has been conducted into the utilization of geothermal resources as a ‘green’ energy source. However, minimal research has been conducted into geothermal resource utilization and depletion impacts on thermophile biodiversity. Thermophiles are organisms which have adapted over millions of year to extreme temperature and chemical compositions and exist in hot springs and other geothermal resources. Their ability to withstand high temperatures makes them invaluable to scientific and medical research. Current federal and California case law classify geothermal resources as a mineral, not a water resource. Acquisition of rights to develop a geothermal resource owned or reserved by the …


Committee On Climate Change And Sustainable Development: 2005 Annual Report, John Dernbach Dec 2005

Committee On Climate Change And Sustainable Development: 2005 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


Committee On Climate Change And Sustainable Development: 2003 Annual Report, John Dernbach Dec 2003

Committee On Climate Change And Sustainable Development: 2003 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.