Climate Change

    Climate change is among the most important sustainable development issues facing
    humanity.  It is not just an environmental issue.  It also has profound social, economic, and
    security dimensions.  Dernbach has been active on client change in both litigation and
    academic writing.  He co-authored an amicus brief to the United States Supreme Court on
    behalf of 18 prominent climate scientists in the landmark climate change case,
    Massachusetts v. Environmental Protection Agency.  

    In a book chapter and numerous articles, Dernbach discusses climate change from a
    legal and policy perspective and suggests ways to reduce greenhouse gas emissions that
    also create jobs, foster the development of new technologies, provide economic
    opportunities, and improve national security.  All of the articles below can be downloaded
    by clicking on the title.  

    U.S. Policy, in Global Climate Change and U.S. Law 61 (Michael Gerrard, editor., American
    Bar Association, 2007).   This chapter surveys two types of U.S. law and policy relating to
    climate change—1) laws and policies that are intentionally directed at climate change and
    2) those that were adopted before climate change became a prominent issue but which
    affect, in positive and negative ways, U.S. greenhouse gas emissions.  

    Achieving Early and Substantial Greenhouse Gas Reductions Under a Post-Kyoto
    Agreement, 20 Georgetown International Environmental Law Review 573 (2008). 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.

    Climate Change Law: An Introduction, 29 Energy Law Journal 1 (2008) (with Seema
    Kakade). 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.  

    Harnessing Individual Behavior to Address Climate Change: Options for Congress, 26
    Virginia Environmental Law Journal 107 (2008).  This article attempts to answer a question
    about the design of national climate change legislation that has not received significant
    attention: How should Congress engage individuals in the effort to address climate
    change?

    Developing a Comprehensive Approach to Climate Change Policy in the United States:
    Integrating Levels of Government and Economic Sectors, 26 Virginia Environmental Law
    Journal 227 (2008) (with Thomas D. Peterson, Robert B. McKinstry, Jr.). This article
    explains and justifies an approach to federal climate legislation that uses and builds on
    the Clean Air Act's various tools, including air quality standards, technology-based
    limitations, and state implementation plans.

    Overcoming the Behavioral Impetus for Greater Energy Consumption, 20 Pacific
    McGeorge Global Business & Development Law Journal 15 (2007).  Drawing on the work
    of social scientists and behavioral researchers, this article concludes that many
    opportunities exist to influence individual behavior to increase energy efficiency and reduce
    energy consumption

    Federal Climate Change Legislation as if the States Matter, Natural Resources &
    Environment, Winter 2008, at 3 (with Robert B. McKinstry, Jr. & Thomas D. Peterson). (link
    to PDF)   This article identifies the key state/federal issues that should be addressed in any
    comprehensive national comprehensive climate change legislation, and also provides
    recommendations for resolving these issues.

    Stabilizing and Then Reducing U.S. Energy Consumption: Legal and Policy Tools for
    Efficiency and Conservation, 37 Environmental Law Reporter 10,003 (2007) (with the
    Widener University Law School Seminar on Energy Efficiency).  This article evaluates the
    evidence from a handful of legal and policy tools for energy efficiency and conservation,  
    and argues that greater use of these and other tools may allow us to stabilize U.S. energy
    consumption and then reduce it.

    Toward a Climate Change Strategy for Pennsylvania, 12 Penn State Environmental Law
    Review 181 (2004).  (link to pdf)  This article explains why Pennsylvania should address
    climate change and outlines the need for a comprehensive strategy that looks at all
    economic sectors and all sources of greenhouse gas emissions.

    Federal Fossil Fuel Subsidies and Greenhouse Gas Emissions: A Case Study of
    Increasing Transparency for Fiscal Policy, 26 Annual Review of Energy and Environment
    361 (2001) (with Doug Koplow). This paper reviews existing studies of fossil fuel
    subsidies within the United States, as well as assessments of the potential impact of
    subsidy reform on greenhouse gas emissions, and argues that subsidies should be
    subject to the same public disclosure and public review requirements as U.S.
    environmental laws.  

    Moving the Climate Debate from Models to Proposed Legislation: Lessons from State
    Experience, 30 Environmental Law Reporter 10,933 (2000) (with the Widener University
    Law School Seminar on Global Warming).  Using considerable evidence from state laws
    that reduce greenhouse gas emissions, this article argues that national laws based on
    these state laws would not only reduce emissions but would also create jobs, reduce the
    impact of fuel price increases on the poor, improve security, and foster the development of
    new technologies.  
John C. Dernbach, Author on Sustainable Development & Climate Change Law
Agenda for a Sustainable
America edited by John C.
Dernbach
Some of the nation's
leading experts report from the
front lines on the quest for
sustainability in the United
States. Published in January
2009.