Environmental Law Environmental Law ResearchResearchOctober 6, 2008October 6, 2008

Where to StartWhere to Start

Shorter Overview: Environmental Law in a Shorter Overview: Environmental Law in a NutshellNutshell

Grad, Treatise on Environmental LawGrad, Treatise on Environmental Law 8 volume set, with analysis of statutes and regs. 8 volume set, with analysis of statutes and regs.

Also available on Lexis (recommended because Also available on Lexis (recommended because Hofstra copy is out-of-date)Hofstra copy is out-of-date)

Rodgers, Environmental LawRodgers, Environmental Law 4 volume set, analysis of statutes and regs. Also on 4 volume set, analysis of statutes and regs. Also on

Westlaw (ENVLAW)Westlaw (ENVLAW) With such complicated laws, don’t try to figure them out on With such complicated laws, don’t try to figure them out on

your own.your own.

Current IssuesCurrent Issues Environmental Law ReporterEnvironmental Law Reporter

Comprehensive. Print, online, W: ELR, Lexis.Comprehensive. Print, online, W: ELR, Lexis. ID: 100403 PW: pessastroID: 100403 PW: pessastro

Environment ReporterEnvironment Reporter Also daily and subject-specific BNA reportersAlso daily and subject-specific BNA reporters

Free: NRDC and other groups provide Free: NRDC and other groups provide legislative updateslegislative updates

EPA.govEPA.gov

Federal Law BasicsFederal Law Basics

Popular Name Table (print, Westlaw, free Popular Name Table (print, Westlaw, free LII version)LII version)

USC or USCA is codified by subject—a USC or USCA is codified by subject—a statute in it may or may not have all of a statute in it may or may not have all of a particular Act and it will be numbered particular Act and it will be numbered differently.differently.

The public law, in Statutes at Large The public law, in Statutes at Large (print, Hein), will have the whole Act. (print, Hein), will have the whole Act. (public laws also at thomas.loc.gov)(public laws also at thomas.loc.gov)

Easy Legislative HistoryEasy Legislative History

HeinOnlineHeinOnline Lexis/WestlawLexis/Westlaw

FrameworkFramework

FederalFederal Which Acts and Agencies?Which Acts and Agencies?

StateState ““Cooperative federalism” Cooperative federalism”

LocalLocal Especially land use restrictionsEspecially land use restrictions

FederalFederal

If you don’t know the Act involved, or If you don’t know the Act involved, or even if you do, start with a treatise or even if you do, start with a treatise or guide categorized by water, air, etc.guide categorized by water, air, etc.

Which Agency?Which Agency?

EPAEPA Clean Water Act, Clean Air Act, Safe Drinking Clean Water Act, Clean Air Act, Safe Drinking

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

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

Council On Environmental QualityCouncil On Environmental Quality NEPANEPA

Government WebsitesGovernment Websites

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

EPA.gov EPA.gov Publications:Publications:

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

DataData

State InformationState Information

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

resource locator)resource locator) Environment ReporterEnvironment Reporter Environmental Law ReporterEnvironmental Law Reporter

New YorkNew York

Dept. of Environmental ConservationDept. of Environmental Conservation Environmental Conservation Law (enabling Environmental Conservation Law (enabling

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

and and http://www.dos.state.ny.us/info/nycrr.htmhttp://www.dos.state.ny.us/info/nycrr.htm

Data at Data at www.dec.ny.govwww.dec.ny.gov

LocalLocal

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

generalcode.comgeneralcode.com