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Full-Text Articles in Law
Can Shale Gas Help Accelerate The Transition To Sustainability?, John Dernbach, James May
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 …
Federal Energy Efficiency And Conservation Laws, John Dernbach, Marianne Tyrrell
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 "Cash For Clunkers" Program: A Sustainability Evaluation, Marianne Tyrrell, John Dernbach
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 …
Energy Efficiency And Conservation: New Legal Tools And Opportunities, John Dernbach, Robert Mckinstry, Darin Lowder
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.
Making The States Full Partners In A National Climate Change Effort: A Necessary Element For Sustainable Economic Development, John Dernbach, Robert Mckinstry, Thomas Peterson
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 …
Achieving Early And Substantial Greenhouse Gas Reductions Under A Post-Kyoto Agreement, John Dernbach
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 …