The Pennsylvania Constitution contains a unique Environmental Rights Amendment (“ERA”) creating an individual right to “clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.” The ERA also includes a public trust element...

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...

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...

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 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...

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...

This article explains the basic elements of climate change law, with a particular focus on those issues that promise to be important for a considerable time as well as the major factors that are driving the development of this law. The emerging law of climate change is being constructed at the...

This article explains sustainable development as well as the outcomes of the 2002 World Summit on Sustainable Development in Johannesburg, South Africa. It then describes U.S. sustainability activity activities and necessary next steps at the national and state levels. The article concludes that...

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...

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...