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...

The first part of this Article suggests a framework for understanding Article I, Section 27 of the Pennsylvania constitution. This second and final part of the Article outlines ways in which that framework should be applied.The Article argues that the environmental rights and public trust...

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...

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...

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,...

Sustainable development has its origins in the conservation and environmental movements in the United States and other countries, and in the laws that were adopted because of those movements. Lawyers in the public and private sectors drafted these laws and worked with clients to implement them....