This article predicted that one of the most important issues in future tort litigation would be the role of the Due Process Clause of the Fourteenth Amendment in constraining the imposition of punitive damages by state court juries. In Pacific Mutual Life Insurance Co. v. Haslip, the Supreme...

At first blush, the relationship between sustainability and environmental constitutionalism seems strained if not strange. Environmental sustainability represents a there-and-then perspective that promotes the idea that present lives in being should consume natural resources at a rate and in a...

In Robinson Township v. Commonwealth of Pennsylvania, a plurality of the court held that a controversial law encouraging fracking ("Act 13") violates the state's constitutional Environmental Rights Amendment, the provisions of which the court held are "on par" with political rights. The decision...

The purpose of the Guide is to provide a clear and concise "how to" manual for citizen use of FOIA and state right-to-know laws to obtain information, both written and electronic, concerning decisions made by federal and state agencies affecting the environs of the Delaware River Watershed....

Unconventional shale gas development is occurring at a breakneck pace, principally in North America, with vast reserves elsewhere. This development has placed new and unorthodox stresses on traditional environmental governance paradigms. Environmental constitutionalism offers an additional tool...

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...

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,...

This Article has three principal purposes. First is to explain the genesis of Section 316(b) by examining the adverse impacts caused by cooling water intake structures. Second is to provide a detailed description as to how Congress, EPA, the courts, state agencies, and litigants have interpreted...

The right to human dignity embodies the fundamental notion that all individuals in present and future generations are entitled to equal respect from others, to live life well, with choices, and free from arbitrary action by those in positions of power. This can only be done in conditions of...

We have entered an interesting constitutional era, one in which a rising sea level will help to buoy a rising tide of climate litigation, the leading edge of which lies constitutional jurisprudence as applied to the political question doctrine, preemption, dormant commerce and compact clauses...