The United State Supreme Court's holding in Massachusetts v. EPA that greenhouse gases are air pollutants under the Clean Air Act makes it virtually certain that federal climate change legislation will be accomplished by amending that Act. This Article explains and justifies an approach to...

Sustainable development is a framework for furthering development (particularly economic and social development) and environmental protection or restoration at the same time. It is a response to the problems of furthering development without sufficient attention to the environmental...

This article explains why industrial waste that is not legally hazardous must be given greater attention and regulatory oversight. Industrial waste (including coal ash) may represent as much as 96 percent of municipal, hazardous, and industrial wastes combined. The article explores the existing...

One of the most longstanding narratives in environmental law and politics is the alleged necessity of choosing between development and environment. The narrative, based on conventional development, has a built-in zero-sum game — development or environment. A competing narrative, which has been...

While it is widely recognized that lawyers have an important role to play in fostering sustainable development, and while a growing number of lawyers describe themselves as doing sustainability work, it is less clear what they actually do. This article, which is based on interviews with 26...

This Debate in Print concentrates on the U.S. energy system and asks, How should public policy move forward to promote the decarbonization of the American economy? And what blend of law, economics, science, and technology will get the job done?

This article provides a description and analysis of the dozen types of legal tools that are available to reduce U.S. greenhouse gas (GHG) emissions by at least 80% from 1990 levels by 2050. The “80 by 50” target and similarly aggressive carbon abatement goals are often referred to as “deep...

This article describes and explains a sustainability law practicum class that is now taught in only two law schools, but which has considerable teaching and practical value. It also explains how this class is consistent with, and furthers, the growing demand for experiential, skills-based legal...

To achieve deep decarbonization, developed countries need to reduce their net greenhouse gas emissions by more than 80 percent from 1990 levels by 2050. As ambitious and even unachievable as that goal may seem, some developed country jurisdictions have already made considerable progress in...

The Pennsylvania Supreme Court's decision in Robinson Township v. Commonwealth, 803 A.3d 901 (Dec. 19, 2013) has prompted enormous interest in the history and text of Article I, Section 27 of the Pennsylvania Constitution. This legislative history is a response to that interest.Amendments to the...