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Full-Text Articles in Law

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.


The Environment And Climate Change: Is International Migration Part Of The Problem Or Part Of The Solution?, Howard F. Chang Jan 2009

The Environment And Climate Change: Is International Migration Part Of The Problem Or Part Of The Solution?, Howard F. Chang

All Faculty Scholarship

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.


An Agenda For Sustainable Communities, John Dernbach Dec 2008

An Agenda For Sustainable Communities, John Dernbach

John C. Dernbach

This article summarizes progress toward sustainable communities in the United States since the United Nations Conference on Environment and Development (or Earth Summit) in 1992. It shows the significant initiative that many communities have undertaken and identifies existing state and federal laws as impediments to achieving sustainability. This article also makes recommendations for further progress based on what we have already learned about how to achieve sustainable communities. They include not only more and strengthened sustainable community efforts, and broad state and federal legal support, but also deep engagement of all affected citizens. This article is based primarily on three …


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 …


Climate Change And Freshwater Resources, Noah D. Hall, Bret B. Stuntz, Robert H. Abrams Jan 2008

Climate Change And Freshwater Resources, Noah D. Hall, Bret B. Stuntz, Robert H. Abrams

Noah D Hall

The Earth’s climate is warming. This is the unequivocal conclusion of climate scientists. Despite the complexities of climatology, certain consistent trends emerge with implications for water availability: as the world gets warmer, it will experience increased regional variability in precipitation, with more frequent heavy precipitation events and more susceptibility to drought. These simple facts will have a profound impact on freshwater resources throughout the United States, as the warmer climate will reduce available water supplies and increase water demand. Unfortunately, current water law and policy are not up to the new challenges of climate change and resulting pressures on freshwater …


Climate Change And Carbon Sequestration: Assessing A Liability Regime For Long-Term Storage Of Carbon Dioxide, Alexandra B. Klass, Elizabeth J. Wilson Jan 2008

Climate Change And Carbon Sequestration: Assessing A Liability Regime For Long-Term Storage Of Carbon Dioxide, Alexandra B. Klass, Elizabeth J. Wilson

Alexandra B. Klass

As the nation struggles with how to address climate change, one of the most significant questions is how to reduce increasing levels of carbon dioxide in the atmosphere. One promising technology is carbon capture and sequestration (“CCS”), which consists of capturing carbon dioxide emissions from power plants and industrial sources and sequestering them in deep geologic formations for long periods of time. Areas for potential CO2 sequestration include oil and gas fields, saline aquifers, and coal seams. As Congress and the private sector begin to spend billions of dollars to research and deploy this technology, there has been insufficient attention …


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 …


Achieving Early And Substantial Greenhouse Gas Reductions Under A Post-Kyoto Agreement, John Dernbach Dec 2007

Achieving Early And Substantial Greenhouse Gas Reductions Under A Post-Kyoto Agreement, John Dernbach

John C. Dernbach

This article explains why policy makers should seriously consider substantial early reductions in greenhouse gas emissions as a part of any post-Kyoto framework, and sets out suggested elements of a framework for early action in a post-Kyoto agreement. Substantial early reductions are needed because of the growing urgency of the climate change science, the precautionary approach identified in the Framework Convention on Climate Change as a decision-making principle, the fact that cost-effective measures are now available, and the significant non-climate benefits (security, economic, social, and environmental) that can be achieved by implementing them. As a practical matter, too, long-term greenhouse …


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.


Reasonable Emissions Of Greenhouse Gases: Efficient Abatement For A Stock Pollutant, Howard F. Chang Jan 2007

Reasonable Emissions Of Greenhouse Gases: Efficient Abatement For A Stock Pollutant, Howard F. Chang

All Faculty Scholarship

No abstract provided.


U.S. Policy, John Dernbach Dec 2006

U.S. Policy, John Dernbach

John C. Dernbach

No abstract provided.


Stabilizing And Then Reducing U.S. Energy Consumption: Legal And Policy Tools For Efficiency And Conservation, John Dernbach Dec 2006

Stabilizing And Then Reducing U.S. Energy Consumption: Legal And Policy Tools For Efficiency And Conservation, John Dernbach

John C. Dernbach

Rising global demand for energy, high energy prices, climate change, and the threat of terrorism all point to the need for greater energy efficiency and conservation in the United States. While technological innovation is plainly needed, our laws and institutional arrangements must also play an important role. The United States has scores of legal and policy tools from which to choose to improve energy efficiency and curb energy consumption. This article evaluates a handful of these tools: transit-oriented development; fuel taxation; real-time pricing for electricity use; public benefit funds; improved efficiency in existing residential and commercial buildings; and expanded use …


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.


Restructuring America's Government To Create Sustainable Development, Jeffrey Rudd Feb 2006

Restructuring America's Government To Create Sustainable Development, Jeffrey Rudd

William & Mary Environmental Law and Policy Review

No abstract provided.


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.


Sustainable Development And Natural Governance: The Challenges Ahead, John Dernbach, Dan Tarlock Dec 2004

Sustainable Development And Natural Governance: The Challenges Ahead, John Dernbach, Dan Tarlock

John C. Dernbach

No abstract provided.


Targets, Timetables And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach Dec 2004

Targets, Timetables And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach

John C. Dernbach

No abstract provided.


Shifting Sands: The Limits Of Science In Setting Risk Standards, Cary Coglianese, Gary E. Marchant Apr 2004

Shifting Sands: The Limits Of Science In Setting Risk Standards, Cary Coglianese, Gary E. Marchant

All Faculty Scholarship

Regulators need to rely on science to understand problems and predict the consequences of regulatory actions, but over reliance on science can actually contribute to, or at least deflect attention from, incoherent policymaking. In this article, we explore the problems with using science to justify policy decisions by analyzing the Environmental Protection Agency's recently revised air quality standards for ground-level ozone and particulate matter, some of the most significant regulations ever issued. In revising these standards, EPA mistakenly invoked science as the exclusive basis for its decisions and deflected attention from a remarkable series of inconsistencies. For example, even though …


Citizen Suits And Sustainability, John C. Dernbach Jan 2004

Citizen Suits And Sustainability, John C. 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.


Natural Resources And The Public Estate, John Dernbach Dec 2003

Natural Resources And The Public Estate, John Dernbach

John C. Dernbach

No abstract provided.


Toward A Climate Change Strategy For Pennsylvania, John C. Dernbach Dec 2003

Toward A Climate Change Strategy For Pennsylvania, John C. Dernbach

John C. Dernbach

No abstract provided.


Introduction, Symposium Facing Climate Change: Opportunity And Tool For States, John C. Dernbach Dec 2003

Introduction, Symposium Facing Climate Change: Opportunity And Tool For States, John C. Dernbach

John C. Dernbach

No abstract provided.