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Selected Works

John C. Dernbach

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Environmental Law

Environmental Law

Articles 1 - 26 of 26

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 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.


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 …


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.


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 …


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 …


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 …


The "Cash For Clunkers" Program: A Sustainability Evaluation, Marianne Tyrrell, John Dernbach Dec 2010

The "Cash For Clunkers" Program: A Sustainability Evaluation, Marianne Tyrrell, John Dernbach

John C. Dernbach

This article describes and evaluates the effectiveness of the Consumer Assistance to Recycle and Save Act of 2009, also known as the “Cash for Clunkers” legislation. Under this law, Congress authorized persons trading in older and less fuel-efficient motor vehicles for newer and more fuel-efficient vehicles to receive a voucher worth up to $4,500 toward the purchase of the new vehicle. The article reviews various studies assessing the effectiveness of this legislation based on economic, social, and environmental criteria. Because these criteria are consistent with the goals of sustainable development, the legislation provides important lessons for future efforts to achieve …


Making The States Full Partners In A National Climate Change Effort: A Necessary Element For Sustainable Economic Development, John Dernbach, Robert Mckinstry, Thomas Peterson Dec 2009

Making The States Full Partners In A National Climate Change Effort: A Necessary Element For Sustainable Economic Development, John Dernbach, Robert Mckinstry, Thomas Peterson

John C. Dernbach

This article explains why states and localities need to be full partners in a national climate change effort based on federal legislation or the existing Clean Air Act. A large share of reductions with the lowest cost and the greatest co-benefits (e.g., job creation, technology development, reduction of other pollutants) are in areas that a federal cap-and-trade program or other purely federal measures will not easily reach. These are also areas where the states have traditionally exercised their powers—including land use, building construction, transportation, and recycling. The economic recovery and expansion will require direct state and local management of climate …


Book Review (Reviewing Kenneth P. Murchison, The Snail Darter Case: Tva Versus The Endangered Species Act, 2007), John Dernbach Dec 2008

Book Review (Reviewing Kenneth P. Murchison, The Snail Darter Case: Tva Versus The Endangered Species Act, 2007), 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.