John C. Dernbach

Legal Education for Sustainability: A Report on US Progress

John C. Dernbach — Mon, 03 Oct 2011 08:50:36 PDT

This article is an overview of sustainability efforts in US law schools. It describes two sets of drivers for these efforts—inside and outside the legal profession. Drivers from within the legal profession include the American Bar Association as well as several state and local bar associations; law firms and other law organisations; and current and prospective law students. Drivers from outside the legal profession include clients, universities and colleges, nongovernmental organisations, and government. This article then describes what US law schools are now doing in the areas of curriculum, research, buildings and operations, community outreach and service, student life, and institutional mission, policy and planning. More generally, it suggests that law schools need to play a leading role in the national and global effort to achieve sustainability.

Climate Change, Sustainable Development, and Ecosystems: 2010 Annual Report

John C. Dernbach et al. — Thu, 18 Aug 2011 12:19:07 PDT

Can the Battle Against Climate Change Become an Effective Social Movement?

John C. Dernbach — Fri, 17 Jun 2011 12:26:51 PDT

Energy Efficiency and Conservation: New Legal Tools and Opportunities

John C. Dernbach et al. — Mon, 02 May 2011 12:16:05 PDT

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.

Next Generation Recycling & Waste Reduction: Building on the Success of Pennsylvania’s 1988 Legislation

John C. Dernbach — Thu, 14 Apr 2011 08:03:16 PDT

Environmental Laws and Sustainability: An Introduction

John C. Dernbach et al. — Mon, 04 Apr 2011 09:36:47 PDT

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 legal structure for sustainability, the importance of sustainability assessment tools and institutions before and after laws are adopted, and the importance of “soft” law.

Creating the Law of Environmentally Sustainable Economic Development

John C. Dernbach — Wed, 23 Mar 2011 12:10:40 PDT

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 laws and their common characteristics, we may better understand how to move more rapidly and effectively toward sustainability.

The "Cash for Clunkers" Program: A Sustainability Evaluation

Marianne Tyrrell et al. — Tue, 22 Feb 2011 11:33:14 PST

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 sustainability and reduce greenhouse gas emissions.

Federal Energy Efficiency and Conservation Laws

John C. Dernbach et al. — Mon, 31 Jan 2011 09:22:01 PST

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 little effect. In recent years, however, the federal government has strengthened the nation’s commitment to efficiency and conservation.

The paper first discusses federal laws and policies that are intended to support efficiency and conservation as well as laws that are antagonistic to those goals. It then describes energy efficiency and conservation features of proposed climate change and clean energy legislation. Finally, this paper discusses energy conservation under the Framework Convention on Climate Change and in the European Union.

The Essential and Growing Role of Legal Education in Achieving Sustainability

John C. Dernbach — Mon, 31 Jan 2011 08:34:38 PST

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 number of sustainability policies and practices, and a growing number of law firms and other law organizations are doing the same. The article then describes a broad and growing range of sustainability activities - especially in curriculum and scholarship, but also in buildings and operations; outreach and service; student life; institutional mission, policy, and planning; and external stakeholders. The article also raises - and tentatively suggests some partial answers to answers to - a set of normative questions about precisely what law schools should be doing.

Engaging Individuals in Climate Change Mitigation

John C. Dernbach — Tue, 17 Aug 2010 09:18:07 PDT

Writing Essay Exams to Succeed in Law School (Not Just to Survive)

John C. Dernbach — Tue, 17 Aug 2010 08:59:49 PDT

Climate Change, Sustainable Development, and Ecosystems: 2009 Annual Report

John C. Dernbach — Tue, 17 Aug 2010 08:55:41 PDT

A Practical Guide To Legal Writing and Legal Method

John C. Dernbach et al. — Tue, 17 Aug 2010 08:47:17 PDT

Making the States Full Partners In a National Climate Change Effort: A Necessary Element for Sustainable Economic Development

John C. Dernbach et al. — Tue, 16 Mar 2010 14:28:06 PDT

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 and energy actions to reach full potential and efficiency. This article also describes in detail a proposed state climate action planning process that would help make the states full partners. This state planning process – based on a proven template from actions taken by many states -- provides an opportunity to achieve cheaper, faster, and greater emissions reductions than federal legislation or regulation alone would achieve. It would also realize macroeconomic benefits and non-economic co-benefits, and would mean that the national program is more economically and environmentally sustainable.

The Ethical Responsibility to Reduce Energy Consumption

John C. Dernbach et al. — Tue, 16 Mar 2010 09:08:48 PDT

This Article argues that developed countries have an ethical responsibility to reduce energy consumption - through energy efficiency and conservation - as part of the global effort to reduce greenhouse gas emissions. While this responsibility is borne by nations themselves, it has consequences for the individuals living in those nations. This Article also argues that developing countries have different duties concerning energy consumption. Their responsibility to improve human quality of life will mean greater use of modern energy, especially when it is not now available. At the same time, developing countries should use energy efficiency and conservation when it is cost effective to do so.

An Agenda for Sustainable Communities

John C. Dernbach — Wed, 10 Mar 2010 12:45:20 PST

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 separate assessments of U.S. sustainable development efforts since 1992, including Agenda for a Sustainable America (2009).

Transcript of Panel Discussion, Environmental Law: The Policy Implications of the Reaction to Climate Change

John C. Dernbach — Tue, 04 Aug 2009 13:29:42 PDT

Editorial, Sustainable America is Achievable in Our Lifetime

John C. Dernbach — Tue, 04 Aug 2009 13:25:55 PDT

Editorial, Smart Use of Resources Makes Good Economic Sense

John C. Dernbach — Tue, 04 Aug 2009 12:58:50 PDT