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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. 


Introduction: Shale Gas And The Future Of Energy, John C. Dernbach, James R. May Dec 2015

Introduction: Shale Gas And The Future Of Energy, John C. Dernbach, James R. May

John C. Dernbach

This is the introduction to the first book systematically exploring the relationship between shale gas and sustainable development, Shale Gas and the Future of Energy: Law and Policy for Sustainability (Edward Elgar 2016). It describes the growing importance of unconventional shale gas and the evolution of sustainable development as a policy norm, and explains that there has been little analysis of the relationship between unconventional shale gas and sustainability. The introduction then summarizes twelve chapters by the contributing authors, who are not only lawyers and current and former policy makers, but also from public health, the social sciences, economics, and …


Shale Gas And The Future Of Energy: Framing The Sustainability Questions, John C. Dernbach Dec 2015

Shale Gas And The Future Of Energy: Framing The Sustainability Questions, John C. Dernbach

John C. Dernbach

Few energy issues in recent decades have proven as contentious as shale gas. Supporters and opponents often speak in such strikingly divergent terms that they seem to be describing different activities. Typically, supporters point to the economic and security impacts of shale gas, and minimize the adverse environmental and social effects. Opponents often point to negative environmental and social impacts, and downplay the economic and security effects. This chapter, from Shale Gas and the Future of Energy: Law and Policy for Sustainability (Edward Elgar 2016), explains sustainable development as an essential framework for providing a more complete understanding of whether …


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 …


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.


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.


Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach Dec 2012

Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, 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 …


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.


Sustaining America, John Dernbach Apr 2012

Sustaining America, John Dernbach

John C. Dernbach

This essay summarizes U.S. sustainability efforts over the two decades since the U.N. Conference on Environment and Development (or Earth Summit) in 1992. It also summarizes basic findings and recommendations from Acting as if Tomorrow Matters: Accelerating the Transition to Sustainability (Environmental Law Institute 2012). Drawing on the expertise of more than four dozen sustainability practitioners in a variety of fields, the book teases from the limited progress made in the United States over the past two decades the overall patterns for that progress. It also reviews the most significant obstacles to sustainability, again showing patterns in those obstacles across …


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 …


Climate Change, Sustainable Development, And Ecosystems: 2010 Annual Report, John Dernbach Dec 2010

Climate Change, Sustainable Development, And Ecosystems: 2010 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


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 …


Environmental Laws And Sustainability: An Introduction, John Dernbach, Joel Mintz Dec 2010

Environmental Laws And Sustainability: An Introduction, John Dernbach, Joel Mintz

John C. Dernbach

In this introduction to the special issue of Sustainability on environmental laws and sustainability, we attempt to synthesize key lessons from the issue’s ten substantive articles. These lessons involve the use of law to achieve integrated decision-making, the use of pre-existing laws to foster sustainability, the centrality of sub-national governments in achieving sustainability, the background law of unsustainable development, the growing importance of climate change, the need to use law to protect and restore ecological integrity, the importance of judicial review and nongovernmental organizations, the need to translate sustainability into specific legal principles, the challenge of creating an appropriate national …


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.


Climate Change, Sustainable Development, And Ecosystems: 2009 Annual Report, John Dernbach Dec 2009

Climate Change, Sustainable Development, And Ecosystems: 2009 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


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 …


Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach Mar 2009

Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach

John C. Dernbach

No abstract provided.


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.


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.