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Full-Text Articles in Law

Sustainable Development And Its Discontents, John C. Dernbach, Federico Cheever Sep 2015

Sustainable Development And Its Discontents, John C. Dernbach, Federico Cheever

John C. Dernbach

Sustainable development (or sustainability) is a decision-making framework for maintaining and achieving human well-being, both in the present and into the future. The framework requires both consideration and achievement of environmental protection, social justice and economic development. In that framework, environmental protection must be integrated into decisions about social and economic development, and social justice and economic viability must be integrated into decisions about environmental quality.

First endorsed by the world’s nations in 1992, this framework is intended to provide an effective response to the twin global challenges of growing environmental degradation and widespread extreme poverty. Sustainability provides a framework …


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.