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ENVIRONMENTAL LAW GUIDE
This guide was prepared for students working in the Suffolk University Law School Pro Bono Program although some of the resources may be useful to others doing environmental law research. Outline
Environmental law includes many specialized areas including agriculture, air quality, water polluction, solid & harardous wastes, toxic substances, noise, fish & wildlife, land use, energy production & mineral extraction, and international aspects of environmental protection. Environmental law is heavily regulated and most environmental litigation invloves disputes with government agencies instead of between private parties. Therefore, in order to do legal research on environmental law, it's important to understand administrative law and determine what specific state and federal agencies are involved. For your convenience, The Moakley Law Library has guides on Federal & Massachusetts administrative law. Moakley Law Library Catalog Research Databases The follwing two research databases may be particularly useful for environmental law research: The Environment Reporter - Current Reports & The Environmental Law Reporter. For Massachusetts environmental law research, The Massachusetts Department of Environmental Protection decisions and regulations can be accessed via the Social Law Library Database. Environmental law : examples & explanations / Steven Ferrey Beyond environmental law : policy proposals for a better environmental future / edited by Alyson C. Flournoy, David M. Driesen, Cambridge; New York: Cambridge University Press, 2010 (LAW TREATISES (FL 5), KF3775 .B435 2010) Environmental law in a nutshell /Roger W. Findley, Daniel A. Farber Environmental litigation: law and strategy / Cary R. Perlman, editor Understanding environmental law / Philip Weinberg, Kevin A. Reilly Current critical issues in environmental law: green buildings and sustainable development / by Mark J. Bennett, J. Cullen Howe, James L. Newman Environmental law, policy, and economics: reclaiming the environmental agenda [electronic resource] / Nicholas A. Ashford, Charles C. Caldart Energy management /Commerce Clearing House, Other Title(s) Federal energy Guidelines, Chicago [1973-] (LAW TREATISES (FL 5), KF 2120. A6 C64) Environment reporter /Bureau of National Affairs, Washington, DC, 1970
Massachusetts environmental law / editor, Gregor I. McGregor ; authors, R. Lisle Baker ... [et al.] Boston, MA : Massachusetts Continuing Legal Education, c2006- Remaking Boston : An environmental history of the city and its surroundings / edited by Anthony N. Penna and Conrad Edick Wright, Pittsburgh, Pa. : University of Pittsburgh Press, 2009 (Sawyer Library GE155.M4 R46 2009) Massachusetts Department of Environmental Protection Massachusetts Executive Office of Energy & Environmental Affairs Environment Massachusetts Environmental League of Massachusetts The global environment: institutions, law, and policy / edited by Regina S. Axelrod, Stacy D. VanDeveer, David Leonard Downie, Washington, DC : CQ Press, 2011 The art and craft of international environmental law / Daniel Bodansky Cambridge, Mass. : Harvard University Press, 2010, (LAW TREATISES (FL 5) K3585 .B63 2010) International environmental law and policy / by David Hunter, et. al., The Oxford handbook of international environmental law / ed. by Jutta Brunnée, et.al., Other Title(s) Handbook of international environmental law Oxford, [England]: Oxford Univ. Press, 2007, (LAW TREATISES (FL 5), K3585 .O94 2007) International environmental law in a nutshell / by Lakshman D. Guruswamy, et. al.,
For a complete list of all the executive departments and the independent agencies and establishments, go here. Council on Environmental Quality U.S. Department of Agriculture U.S. Department of Energy U.S. Department of the Interior - Bureau of Land Management U.S. Department of the Interior - Fish & Wildlife Service U.S. Department of Justice - Environment & Natural Resources Division U.S. Environmental Protection Agency National Oceanic & Atmospheric Administration U.S. Senate: Committee on Agriculture, Nutrition & Forestry U.S. Senate: Energy & Natural Resources Committee U.S. Senate: Committee on Environment & Public Works
Vermont Law School, Environmental Law Resources, http://forms.vermontlaw.edu/library/resource-directory/ Lewis & Clark Law School, Environmental & Natural Resources Law Georgetown Law Library, Resources Related to Environmental Law
Links to Massachusetts and Federal statutes and regulations are to free sources of law. These sources may not be updated frequently and are unannotated. To find Massachusetts cases that deal with environmental law, search Massachusetts cases on Westlaw or Lexis, or you can also access them via the Social Law Library Database Massachusetts Statutes & Regulations The Massachusetts Department of Environmental Protection (MDEP) has created a table of primary state statutes and regulations that are implemented by the agencies that make up the Massachusetts Executive Office of Energy & Environmental Affairs. The table includes direct links to free full-text versions of regulations and statutes when available. MDEP Matrix of Environmental Laws & Regulations. You can also access Massachusetts Statutes & Regulations via Westlaw, Lexis, or the Social Law Library Database. Massachusetts statutes are available for free via The Massachusetts General Court -- which is the official Massachusetts legislative site. Massachusetts Administrative Decisions MDEP Appeals Decisions (2004 - current) MDEP Enforcement Actions & Settlements (2004 - current) You will also find decisions of the MDEP dating back to 1984 - current via the Social Law Library Database You can also access MDEP decisions via Westlaw & Lexis. For more details on how to search on Westlaw & Lexis, see a Reference Librarian.
While environmental law litigation often involves administrative law and agency decisions, there is an enormous amount of federal caselaw that addresses environmental law issues. BNA's Environment Reporter Online database is also a great way to find recent cases that tackle enironmental law issues. This database allows you to find cases based on topic (i.e., Superfund, energy, climate change, etc.). You can also do a keyword search, browse the index, browse cases alphabetically by name, or browse recent state & federal cases. The Environmental Law Reporter is another great online database for searching cases, daily federal administrative developments, as well as state and international developments. You can also search for recent state and federal cases. Another good way to find cases on your specific topic is to do a terms and connectors search on Westlaw or Lexis. If you find one or two cases on point be sure to Keycite or Shepardize them to find additional cases and secondary materials that are on point. If your not sure what terms to use for an online search, using a paper index can be very helpful and quick. For all published federal case law, use West's Federal Practice Digest. The Environmental Forum recently published a list of some of the most influential cases in environmental jurisprudence. See Volume 26, Number 6, November/December 2009, James Salzman & J.B. Ruhl, Who's Number One? Here are some of the landmark cases listed in the article: Chevron v. Natural Resources Defense Council, 467 US 837 (1984) Title 7, Agriculture Title 16, Conservation Title 21, Food & Drugs Title 30, Mineral Lands & Mining Title 33, Navigation & Navigable Waters Title 42, The Public Health & Welfare Title 43, Public Lands The United States Code (USC) & the United States Code Annotated (USCA) are available via Westlaw & Lexis and the USC is available for free via FDsys.
Code of Federal Regulations (CFR) Title 7, Agriculture Title 9, Animals & Animal Products Title 10, Energy Title 18, Conservation of Power and Water Resources Title 21, Food & Drugs Title 30, Mineral Resources Title 33, Navigation & Navigable Waters Title 36, Parks, Forests & Public Property Title 40, Protection of the Environment Title 43, Public Lands: Interior Title 50, Wildlife & Fisheries The CFR is available via Westlaw & Lexis and for free via FDsys. Federal Administrative Decisions EPA, Office of Administrative Law Judges EPA, Environmental Appeals Board Decisions You can also access EPA administrative decisions via Westlaw & Lexis. For more details on how to search on Westlaw & Lexis, see a Reference Librarian.
*Note: Westlaw and Lexis are subscription databases with limited availability. Other databases or resources may only be available to members of the Suffolk community or from computers at the Law Library.
If you have questions or comments, please email: Diane D'Angelo, Reference Librarian. Created: June 30, 2010 |
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