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Open Access. Powered by Scholars. Published by Universities.®

2009

Sustainable development

Selected Works

Articles 1 - 10 of 10

Full-Text Articles in Law

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.

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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.

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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.

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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.

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Agenda For A Sustainable America, John Dernbach Dec 2008

Agenda For A Sustainable America, John Dernbach

John C. Dernbach

No abstract provided.

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An Agenda For Sustainable Communities, John Dernbach Dec 2008

An Agenda For Sustainable Communities, John Dernbach

John C. Dernbach

This article summarizes progress toward sustainable communities in the United States since the United Nations Conference on Environment and Development (or Earth Summit) in 1992. It shows the significant initiative that many communities have undertaken and identifies existing state and federal laws as impediments to achieving sustainability. This article also makes recommendations for further progress based on what we have already learned about how to achieve sustainable communities. They include not only more and strengthened sustainable community efforts, and broad state and federal legal support, but also deep engagement of all affected citizens. This article is based primarily on three …

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Not At All: Environmental Sustainability In The Supreme Court, James R. May Dec 2008

Not At All: Environmental Sustainability In The Supreme Court, James R. May

James R. May

The principle of “sustainability” is soon to mark its 40th anniversary. It is a concept that has experienced both evolution and stasis. It has shaken the legal foundation, often engaged, recited, and even revered by policymakers, lawmakers, and academics worldwide. This essay assesses the extent to which sustainability registers on the scales of the United States Supreme Court, particularly during the tenure of Chief Justice John Roberts. None of the environmental cases decided thus far during the tenure of Chief Justice Roberts engage sustainability. The word “sustainability” does not appear to exist before the Court. It does not appear in …

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Should Owners And Developers Of Low-Performance Buildings Pay Impact Or Mitigation Fees To Finance Green Building Incentive Programs And Other Sustainable Development Initiatives?, Carl J. Circo Dec 2008

Should Owners And Developers Of Low-Performance Buildings Pay Impact Or Mitigation Fees To Finance Green Building Incentive Programs And Other Sustainable Development Initiatives?, Carl J. Circo

Carl J. Circo

As more states and local governments decide to offer green building incentives and other programs to offset the impact of land uses that do not meet sustainable development standards, they must decide how to fund or offset the costs of their programs. This Article argues that developer fees should be used more ambitiously to help finance the most progressive sustainability objectives, and it examines the legal limits that apply to developer funding devices for sustainability, such as sustainability impact and mitigation fees. The U.S. Supreme Court’s land use exactions opinions do not provide meaningful guidance concerning the constitutionality of monetary …

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Does Sustainability Require A New Theory Of Property Rights?, Carl J. Circo Dec 2008

Does Sustainability Require A New Theory Of Property Rights?, Carl J. Circo

Carl J. Circo

By demanding stewardship of natural capital over exploitation, sustainability envisions a property regime less committed to individual property rights than are the traditional and economic theories of property. While the traditional property theories of Blackstone, Locke, and U.S. constitutional doctrine tolerate restrictions on private property rights for the sake of public welfare, they resist the strongest versions of sustainability, which promote generational and social justice. Similarly, an economic analysis of property recognizes the values of resource conservation and welfare for future generations, but only to the limited extent the economist can calculate future value. As a result, economic analysis may …

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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.

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