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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?


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.


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.


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.


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.


Energy Efficiency And Conservation: New Legal Tools And Opportunities, John Dernbach, Robert Mckinstry, Darin Lowder Dec 2010

Energy Efficiency And Conservation: New Legal Tools And Opportunities, John Dernbach, Robert Mckinstry, Darin Lowder

John C. Dernbach

Many new and ambitious energy efficiency and conservation laws are being enacted at all levels of government—and with greater financial incentives than provided previously. These innovations are intended to overcome or minimize market barriers such as principal-agent problems, information and transaction costs, high internal discount rates, and up-front capital needs that discourage cost-saving investments. Innovations such as public-private partnerships also require significant legal input and creativity for the client to reap the often remarkably large energy and cost savings. This article reviews a range of these tools, especially financial legal mechanisms, that could help significantly reduce U.S. energy consumption.


Cap-And-Trade Legislation, John C. Dernbach Mar 2010

Cap-And-Trade Legislation, John C. 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.


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.


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.


Federal Climate Change Legislation As If The States Matter, John C. Dernbach, Robert B. Mckinstry,, Thomas D. Peterson Dec 2007

Federal Climate Change Legislation As If The States Matter, John C. Dernbach, Robert B. Mckinstry,, Thomas D. Peterson

John C. Dernbach

The growing prospect of comprehensive national climate change legislation raises many important questions about the role of state efforts in a national climate change program. This article identifies the key state/federal issues that should be addressed in any comprehensive national comprehensive climate change legislation. It also provides recommendations for resolving these issues. In addition to a cap-and-trade program and uniform national standards for some sectors, federal climate change legislation should adopt and modify the State Implementation Plan model in the Clean Air Act. That is, states should be given responsibility through State Implementation Plans to achieve specified emissions reductions, including …


Developing A Comprehensive Approach To Climate Change Policy In The United States That Fully Integrates Levels Of Government And Economic Sectors, John C. Dernbach, Thomas D. Peterson, Robert B. Mckinstry Dec 2007

Developing A Comprehensive Approach To Climate Change Policy In The United States That Fully Integrates Levels Of Government And Economic Sectors, John C. Dernbach, Thomas D. Peterson, Robert B. Mckinstry

John C. Dernbach

The United State Supreme Court's holding in Massachusetts v. EPA that greenhouse gases are air pollutants under the Clean Air Act makes it virtually certain that federal climate change legislation will be accomplished by amending that Act. This Article explains and justifies an approach to federal climate legislation that uses and builds on the Act's various tools, including air quality standards, technology-based limitations, and state implementation plans. The Article discusses models for climate response that have emerged from state responses to date and presents the reductions that could be achieved if these were scaled up to the federal level. Federal …


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.


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.


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.


Making Sustainable Development Happen: From Johannesburg To Albany, John C. Dernbach Dec 2003

Making Sustainable Development Happen: From Johannesburg To Albany, John C. Dernbach

John C. Dernbach

No abstract provided.


Pursuing Sustainable Communities: Looking Back, Looking Forward, John C. Dernbach, Scott Bernstein Dec 2002

Pursuing Sustainable Communities: Looking Back, Looking Forward, John C. Dernbach, Scott Bernstein

John C. Dernbach

No abstract provided.


Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach Dec 2002

Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach

John C. Dernbach

No abstract provided.


Why Lawyers Should Care, John C. Dernbach Jun 2002

Why Lawyers Should Care, John C. Dernbach

John C. Dernbach

No abstract provided.


Sustainable Versus Unsustainable Propositions, John Dernbach Dec 2001

Sustainable Versus Unsustainable Propositions, John Dernbach

John C. Dernbach

No abstract provided.


Targets, Timetables And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach Dec 2001

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

John C. Dernbach

No abstract provided.


Sustainable Development: Now More Than Ever, John C. Dernbach Dec 2001

Sustainable Development: Now More Than Ever, John C. Dernbach

John C. Dernbach

This Article explains how and why sustainable development emerged as a conceptual framework, the basic concepts or principles on which this framework is based, why sustainability is primarily a matter for domestic national governance, and why the United States needs to play a leading role in fostering sustainable development. Because "sustainable" modifies "development," it is first important to understand what development means. Since the end of World War II, development has included at least four related elements: peace and security, economic development, social development, and supportive national governance. Each element is reflected in major multilateral treaties that provide a common …


Federal Fossil Fuel Subsidies And Greenhouse Gas Emissions: A Case Study Of Increasing Transparency For Fiscal Policy, John Dernbach, Doug Koplow Dec 2000

Federal Fossil Fuel Subsidies And Greenhouse Gas Emissions: A Case Study Of Increasing Transparency For Fiscal Policy, John Dernbach, Doug Koplow

John C. Dernbach

No abstract provided.