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Page 1: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Spring 2012

Page 2: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Background

• Grad, Treatise on Environmental Law (on Lexis)

• Rodgers, Environmental Lawo 4 volume set, analysis of statutes and regs. Also on

Westlaw (ENVLAW) 

• Clean Air Act Handbook o On Westlaw (CLNAIRHB)

Page 3: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Current Issues (news)

• Environment Reporter• Environment and Energy Daily  • EPA.gov

o and other agency websites• Pew Center on Global Climate Change

o and other NGO websites

Page 4: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Law Library website

Page 5: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Article Finding

 Databases• Index to Legal Periodicals• LegalTrac• HeinOnline• Lexis• Westlaw  Bibliographies

Page 6: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Which statutes are applicable?

• Treatises• Environmental Law Research Guides (for

example, Georgetown Law Library's guide)• EPA website• Index to USCA or USCS

Page 7: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Where can I locate the relevant statutes?

Tips:• Know the difference between codified

statutes (USC, USCA, USCS) and public laws (Statutes at Large).

• Use the Popular Name Table

Page 8: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Where can I locate the relevant statutes?

• United State Code - available in print or on FDsys

• United States Code Annotated (USCA) – available in print or in Westlaw

• United States Code Service (USCS) – available in print or in Lexis

Page 9: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Easy Legislative History

• HeinOnline• Lexis/Westlaw

Page 10: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Proposed Legislation

Thomas.gov Proquest Congressional 

Columbia Law School Center for Climate Change Law

Page 11: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

What do federal agencies do?

• Rulemaking (regulations published in the Code of Federal Regulations)

• Adjudication (administrative decisions)

Page 12: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Which Agency?

• EPAo Clean Water Act, Clean Air Act, Safe Drinking

Water Act, CERCLA, NEPA, FIFRA, etc.• Endangered Species Act

o Dept. Interior: Fish and Wildlife Service; Dept. Commerce: National Marine Fisheries Service; NOAA

• Council On Environmental Qualityo NEPA

Page 13: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Federal Regulations

• Rulemaking

• Federal Register

• Code of Federal Regulations

Page 14: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Locating Federal Regulations

• Code of Federal Regulations – online and in print

• Relevant volumes might include:o 40 CFR – Protection of Environmento 43 CFR – Public Lands: Interioro 18 CFR – Conservation of Power and Water Resources

Page 15: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Proposed Regulations

• Regulations.gov • Columbia Law School Center for Climate

Change Law

Page 16: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Agency Decisions

• Agency Websites• Looseleaf services• Westlaw and Lexis

Page 17: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Government Websites

• Science.gov (click on environment & environmental quality)

• EPA.gov o Publications:

http://www.epa.gov/nscep/ http://www.epa.gov/nscep/

o Data Let’s go online……

Page 18: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

State Information

• Law.cornell.edu (law about, find by topic)• www.envcap.org (state regulations

resource locator)• Environment Reporter

Page 19: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

New York

• Dept. of Environmental Conservationo Environmental Conservation Law (enabling

legislation)o Free access to relevant Regs at dec.ny.gov

and http://www.dos.ny.gov/info/nycrr.htmlo Data at www.dec.ny.gov

Page 20: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Local

• Don’t forget county and other entities• City and town laws at municode.com and

generalcode.com

Page 21: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Databases in Westlaw and Lexis

• Lexis and Westlaw both have databases with:o Environmental law treatiseso Environmental law caseso Environmental law statutes and administrative

materialso AND MORE………..

Let’s go online……..

Page 22: Spring 2012. Background Grad, Treatise on Environmental Law (on Lexis) Rodgers, Environmental Law o 4 volume set, analysis of statutes and regs. Also

Research Exercise: The Endangered Species Act