Environmental Law Writing Seminar: Fall 2009
Choosing a Topic
Conducting a Preemption Check
See Journal Preemption: Boalt Research Guide
Getting Context
Ok, so you have your topic, now you need to situate your discussion within the broader issues. This is best done using a variety of secondary sources.
Treatises | Analytical Materials | Practice Guides
See Basic Environmental Law Resources: Boalt Research Guide for further information on Introductory texts, Reference texts, additional research guides and bibliographies.
Catalogs
The Law Library online catalog, LawCat, is a good place to start to locate:
- Books
- Journal titles, but not articles or authors of individual articles, for which see periodical indexes such as LegalTrac and Index to Legal Periodicals, Lexis, Westlaw, HeinOnline
- Selective electronic resources (including e-books)
Example: Run a LawCat keyword search for rcra.
Note the relevant subject headings assigned to titles among the results and use them to link to similar materials:
United
States. Resource Conservation and Recovery Act of 1976
Hazardous wastes -- Law and legislation -- United States
Hazardous waste treatment facilities -- Law and legislation -- United States
A global collection of library catalogs (includes law school, entire UC system, & Stanford)
Databases
- Lexis
& Westlaw
- To see the contents and coverage of a database on Westlaw and Lexis click on the information icons next to the database name
= Westlaw and
= Lexis - Lexis
Directory and Documentation
- Legal > Area of Law - By Topic > Environment
- Search assistance on environmental law databases
- Westlaw
Directory and Documentation
- Databases > Topical Materials by Area of Practice > Environmental Law
- Environmental Law Databases on Westlaw (pdf)
- Environmental Law Practitioner Guide on Westlaw (pdf)
- ENFLEX (tab) Guide on Westlaw (pdf)
- To see the contents and coverage of a database on Westlaw and Lexis click on the information icons next to the database name
-
Major Environmental
Law Databases
- Environmental Law Reporter
"[A]n environmental, natural resources, toxic tort, energy, health/safety, and land use law research tool containing original source documents, editorial summaries, and expert analysis on state, federal, and international issues." Includes current news, articles, cases, administrative documents, environmental statutes, international treaties and federal and state regulations. (if link doesn't load, click 'back' on your browser, and then select the link again) - BNA Loose
leafs
The Law Library subscribes to a number of electronic versions of BNA loose leaf periodical services, including a couple specifically covering the area of environmental law:- Environment
Reporter
Coverage of legislative, regulatory, legal, and policy news concerning the environment. Includes proposed, new, and amended federal and state laws, rules, standards, and other significant documents. - International
Environment Reporter
Environment and safety news on laws, regulations, and policies in all major industrialized and developing nations, and in international governmental and nongovernmental organizations.
- Environment
Reporter
- Environmental Law Reporter
-
Other Databases
- ALR
- CQ
Weekly & CQ Researcher
- Political legislative tracking
- Political historical legislative research
- Turn to CQ Researcher, published by Congressional Quarterly, for clear discussions of newsworthy political and legal issues, current and historical. A search for environmental impact report, for example, produces hundreds of old and recent reports, such as this article about The New Environmentalism.
- CEB's OnLAW
The online version of the bulk of the California Continuing Education of the Bar catalog. Most titles do not pertain to environmental law, but California Land Use Practice can provide a straightforward overview of pollution laws. - InterAm
A collection of laws, regulations, case law, and secondary source materials for countries in the Americas, from the National Law Center for Inter-American Free Trade. Environment is one of the subjects for which these materials can be obtained.
-
Journal Indexes & Full-Text Databases
- Legal
- LegalTrac
Example: Search storm water discharge as a keyword. Note the tabbed results (for journals, magazines, news, etc.) and the subject headings:
Clean Water Act of 1977
Environmental Auditing -- Laws, Regulations and Rules
Sewage Disposal -- Laws, Regulations and Rules
National Resources & Environment is included in neither Lexis nor Westlaw, but it is archived in HeinOnline. - Index to Legal
Periodicals (ILP)
Example: Search navigable waters as a Smart Search. Note the sources and (admittedly less helpfully precise) subject headings:
Navigable Waters
Wetlands
Search: CERCLA and arranger. Compare CERCLA /s "arranger liability" in Westlaw. - HeinOnline
- Full text of many legal journals, with coverage extending back to the late 19th and early 20th centuries for many of these journals (not the case in Lexis or Westlaw)
- Moving wall
- Federal Register, 1936 to the current year
- Code of Federal Regulations, 1938 to the current year
- LawCat includes links to all journals in HeinOnline from their catalog records.
- HeinOnline has an unwieldy search engine, usually only useful if you know precisely what you're seeking.
- LegalTrac
- Social & Natural Sciences
- Berkeley Main Library system Electronic Resources
-
Environmental Science and Policy subject
-
Articles Databases, e.g., Environmental Sciences and Pollution Management (citations and abstracts to articles discussing environmental planning, ecology, water resources, and environmental quality)
- Newspaper Databases
- Westlaw
- Lexis
- Factiva
- Greenwire
- Proquest (NYTimes, LATimes, WSJ)
- Access World News (local coverage)
- bePress Legal Repository
- SSRN
- BLOGS
- DocuTicker
An archive of reports, studies, press releases, and government documents relating to diverse topics. Simple keyword searches-e.g., endangered species-can elicit useful and timely materials. - Environmental Law Prof Blog
Prof. Susan Smith's contributions to the Law Professor Blogs Network. - Environmental Law
Diary
"A blawg about environmental law from three practitioners in San Francisco, California." - Environmental Law & Climate Change Law Blog
- LegalPlanet: Environmental Law & Policy Blog
- DocuTicker
- Special Interest Groups
- Look for advocacy groups working on related topics (e.g. Natural Resources Defense Counsel, Earthjustice Legal Defense Fund, Center for Biological Diversity)
- Legal
Cases | Briefs | Transcripts
Cases: Federal & State
- U.S. Supreme Court
- US Supreme Court Reports
- PDF of decision (nice for annotating)
- Supreme Court Preview (ABA)
- ABA's analysis and summary of case
- Briefs
- Argument transcript
- US Supreme Court Reports
- Individual Courts of Appeals
- Court of Appeals/District Courts
- Maintain independent websites - highly variable content
- PACER
- access to U.S. Appellate, District, and Bankruptcy court records and documents nationwide
- Lexis
- Legal > Area of Law - By Topic > Environment > Find Cases > Federal
- Legal > Area of Law - By Topic > Environment > Find Cases > By State
- Westlaw
- All Databases > Topical Materials by Area of Practice > Environmental Law > Federal Cases
- All Databases > Topical Materials by Area of Practice > Environmental Law > State Cases
- Court of Appeals/District Courts
Court Records
- Westlaw: Briefs and Other Related
Documents
See, e.g., Florida Key Deer v. Paulison, 522 F.3d 1133 (11th Cir. 2008). - Lexis: View Available Briefs and
Other Documents Related to this Case
See, e.g., Defenders of Wildlife v. Chertoff, 527 F. Supp. 2d 119 (D.D.C. 2007). - PACER:
- access to U.S. Appellate, District, and Bankruptcy court records and documents nationwide
There are also searchable files on each service consisting of these court documents.
- Westlaw: All Databases > Litigation > Briefs (Motions, Pleadings, etc.)
- Lexis: Legal > Briefs, Motions, Pleadings & Verdicts > Federal & State Briefs, Motions & Pleadings (and so forth).
Statutes | Legislative History
Statutes
Sources
- Public Law
- Statutes at Large
- US Code
-
-
Legislative Resources
-
Executive Resources
-
Judicial Resources
-
-
Westlaw
- All Databases > Topical Materials by Area of Practice > Environmental Law > Federal Statutes (State Statutes, etc.)
-
Lexis
-
Legal > Area of Law - By Topic > Environment > Find Statutes & Legislative Materials > Federal Legislative Materials (State Legislative Materials, etc.)
-
Both services offer legislative history tools, with Lexis generally having more than Westlaw
-
Legislative History
- Compiled Legislative Histories
- HeinOnline
- For legislative historical work, see Hein's U.S. Federal Legislative History Library, consisting of two components:
- LexisNexis & LexisNexis Congressional
- Of
particular note on Lexis is the set of databases of Congressional
Information Service (CIS) materials:
- Legal > Federal Legal - U.S. > Legislative Histories & Materials > US - CIS Legislative Histories
- Legal > Federal Legal - U.S. > Legislative Histories & Materials > CIS/Historical Index (for pre-1980 materials)
- Lexis also offers a distinct version of the LexisNexis Congressional. It contains the same information and in many ways is easier to use than the version on Lexis.
- Finally, Lexis has compiled legislative histories on some major environmental legislation, but generally they are not updated. For example, the legislative history for CERCLA has only been updated through 1997.
- Of
particular note on Lexis is the set of databases of Congressional
Information Service (CIS) materials:
- Making of Modern Law
- HeinOnline
- Federal Legislative History: Boalt Research Guide: correlated to the Law Library's collection. See the federal legislative resources section, which features links to a number of pertinent databases and government websites.
- California Legislative History: Boalt Research Guide: correlated to the Law Library's collection. See the California legislative resources section, which features links to databases and government websites for California legislative information. See also the California legislature's Official California Legislative Information.
Implementing Regulations | Administrative Rules
Westlaw
- All Databases > Topical Materials by Area of Practice > Environmental Law > Federal Administrative Materials
Lexis
- Legal > Area of Law - By Topic > Environment > Find Administrative Materials & Regulations
Regulations
Regulations are widely available from print and electronic resources. Lexis and Westlaw have extensive coverage of regulations with specialized topical databases, as noted above in the discussion of those services.
Federal and state agency web pages are also increasingly important and cost effective ways of doing regulatory research. Good starting points for federal regulatory research are the Federal Executive and California Executive resource sections of the Library's web pages. For a different view of the Code of Federal Regulations, see the e-CFR, a current version of the regulations hosted by the National Archives and Records Administration, but not the official version of CFR.
- Environmental
Law Reporter
- Has outlines/summaries of implementing regulations for all major environmental laws
- Regulations.gov
Example: Search for 122.26, the case pertaining to Amendments to the NPDES Regulations for Storm Water Discharges Associated With Oil and Gas Exploration, Production, Processing, or Treatment Operations or Transmission Facilities (40 C.F.R. 122.26)
Despite ready and sophisticated access to regulations via the commercial legal research services, it can be important to visit the web sites for agencies that deal with environmental issues. They post proposed and final regulations, guidance documents and statements, legislation, manuals, international treaties, and news releases. They also will have online directories of employees, offices, phone numbers, and email addresses. The currency and extent of the information will differ from agency to agency, but the Environmental Protection Agency's site is fortunately one of the most sophisticated among them.
General Directories of Agencies
- LSU Libraries Federal Agencies Directory
- Federal Web Locator
- Administrative Decisions & Other Actions-by Subject
A list of agency web sites with agency decisions, hosted by the University of Virginia Library's Government Information Resources.
Tools To Help Organize Your Work
- Fee-based resources
- Citrus
(http://www.cit-r-us.com/)
- Supports BB
- Citation-Legal
Edition (http://www.legalcitation.net/products/leganon.htm)
- Supports BB
- EndNote
(academic license through TSW for $65)
- Supports BB
- Citrus
(http://www.cit-r-us.com/)
- Free at Berkeley
- Refworks
(http://www.refworks.com/)
- Create account (IP authentication)
- Some support for BB, but not perfect
- Organize material into folders, link to full articles
- Refworks
(http://www.refworks.com/)
-
Opensource
- Zotero
(http://www.zotero.org/)
- Supports BB
- Can be organized much like a ‘pathfinder'
- Option to save PDF copies, screen shots, etc.
- Zotero
(http://www.zotero.org/)

