Embed Size (px)
DESCRIPTION
environmental law
Citation preview
Environmental Law Resources
Professor Lisa Smith-Butler
Advanced Legal Research
Fall 2014
Introduction
Environmental law is a recent legal development.
Consequently, it is statutorily created which means that it did not evolve from the common law.
While federal legislation on this subject takes precedence over any state legislation, federal environmental law coverage isn’t comprehensive.
Thus federal and state environmental legislation must then be read together in order to be correctly understood and interpreted.
Primary Sources of Law
While there are some unique publications for environmental law, there are three primary sources of law:
statutes;
regulations; and
cases.
Federal Environmental Policy & Legislation
Key federal legislation shapes and develops the U.S. policy towards the environment.
National Environmental Policy Act
The National Environmental Policy Act of 1969 is currently codified at 42 U.S.C. §§ 4321-4347 (2012.)
To read the legislation as it was initially enacted, consult 83 Stat. 852 (1969.)
According to the EPA web site, NEPA “is the basic national charter for the protection of the environment. It establishes policy, sets goals, and provides means for carrying out the policy.”
Regulations and Executive Orders further the implementation of the NEPA statutory provisions.
Many of the federal agencies promulgate regulations pertaining to NEPA. Some include:
Department of Agriculture
Department of Commerce
Department of Defense
Department of Energy
Department of Health & Human Services
Department of Interior
Department of Justice
Department of Labor
Department of State
Clean Air Act
The Clean Air Act is also an important piece of environmental legislation, helping further the national environmental policy.
Enacted in 1955 initially as the Air Pollution Control Act, it has since been amended many times. The session law was first published at 69 Stat. 322 (1955). The law currently in force is now codified at 42 U.S.C. §§ 7406-7642 (2012.) One of this Act’s primary responsibilities is to reduce air pollution and smog from cars, fossil fuel sources, freon, etc.
Clean Water Act
In 1977, the Clean Water Act was passed.
The original 1977 version (i.e. session law) can be read at 91 Stat. 1566 (1977.)
To read the version of the Clean Water Act currently in force, consult 33 U.S.C. § 1251 (2012 & Supps.)
CERCLA
To clean up past environmental problems, a partial solution was found in 1980 with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA.)
To read the law as it was originally passed, consult 94 Stat. 2767 (1980.)
To read the law as it now exists and is enforced, consult 42 U.S.C. §9601 (2012.)
CERCLA
CERCLA provides for the clean up of the environment when hazardous substances are released that have the potential to damage the public health.
CERCLA imposed a tax on the chemical and petroleum industry that created a trust fund to clean up abandoned hazardous sites.
With CERCLA, the EPA can provide either short term clean up or long term clean up plans for hazardous sites.
Whenever a decision is made to clean up a particular site, there is a Record of Decision (ROD).
CERCLA: Records on Decisions (ROD)
The ROD contains the following information:justification for designating the site as a superfund clean up site;the history of the site, along with a description of the site
and characteristics;community participating in the clean up; andtype of clean up to be done and reasons why.
CERCLA: RODS
RODS can be searched by:state;site name; orkeyword.
FIFRA
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) is concerned with the regulation of insecticides and pesticides.
It was initially enacted at 61 Stat. 163 (1947) and is now codified at 7 U.S.C. §§136 et. seq. (2012 & Supps.)
Oil Pollution Control Act
The Oil Pollution Control Act, currently codified at 33 U.S.C. §§ 2702 et. seq. (2012 & Supps.), exists to “streamline and strengthen” the EPA’s response to catastrophic oil spills.
This act was initially enacted in 1990 and the original text can be found at 104 Stat. 484 (1990.)
The EPA has promulgated regulations for above ground storage tanks, i.e. gasoline tanks, while the Coast Guard has promulgated regulations pertaining to oil spills under the provisions of this Act.
Pollution Prevention Act
The Pollution Prevention Act was passed in 1990 and the original text can be read at 104 Stat. 1388 (1990.)
The act that is currently in force can be found at the codified U.S.C. provisions located at 42 U.S.C. § 13101 (2012.)
Its function is to encourage industry to reduce the amount of pollution by using “cost effective changes in production, operation, and raw materials use.”
More Federal Legislation
The Solid Waste Disposal Act was first enacted in 1965 and was published at 79 Stat. 997 (1965).
It has been amended numerous time and is now codified at 42 U.S.C. § 6901 (2012.)
The Toxic Substances Control Act of 1976 was initially published in 90 Stat. 2003 and is now codified at 15 U.S.C. § 2601 (2012.)
Federal Legislation
The full text of these various federal statutory provisions can be found in the U.S.C., the U.S.C.A., and the U.S.C.S.
The Environmental Protection Agency also provides links to the full text of these statutory provisions. The EPA is available at http://www.epa.gov/
Federal Regulations
A plethora of regulations, promulgated by the Environmental Protection Agency, exist.
Most of these final regulations can be found in Title 40 of the C.F.R. (Code of Federal Regulations).
The EPA also publishes its General Counsel Decisions. These decision are available at the EPA site and on Bloomberg Law, Lexis Advance and WestlawNext.
Cases
Environmental law cases can be found in the usual places previously discussed in class.
Cases are also published in subject specific reporters, such as:Bloomberg BNA also publishes Environment Reporter—Cases. Coverage began in 1970 and continues to the present. Access is via a cumulative index.
CCH provides access via its Environmental Law Library.
Environmental Law Reporter is published by the Environmental Law Institute. Coverage began in 1971 and continues to the present. Access is via a Table of Cases located at the beginning of each volume.
Bloomberg BNA: Current Awareness & Primary Sources of Law
Current Awareness: Daily Environment Reporter
Primary Sources: Cases
CCH: Current Awareness & Primary Sources
Environmental Law Reporter
The Environmental Law Institute publishes an electronic database, the Environmental Law Report.
It provides access to environmental current awareness resources, federal and state primary sources of law, and access to some international environmental law materials.
Bloomberg Law, Lexis Advance & WestlawNext
Bloomberg Law provides access to cases, statutes and regulations via its typical search bar but it does not have an special environmental law practice area. It also does not provide access to EPA RODs as do Lexis Advance & Westlaw Next
Both WestlawNext and Lexis Advance provide access to the full text of environmental cases, statutes, and regulations.
More importantly, both sites provide access to EPA environmental site clean up records and hazardous waste sites.
Lexis Advance
WestlawNext
South Carolina Environmental Law Legislation
While federal environmental law provides extensive legislative coverage, it is not comprehensive.
Thus, states have their own environmental laws.
South Carolina’s environmental laws are published in South Carolina Code Annotated, S.C. Code Ann. §§48-1-10 – 48-59-140 (1976 & Supps.)
Regulations
South Carolina’s environmental regulations appear in two chapters, chapter 30 and chapter 72, of the South Carolina Code of Regulations (S.C. Code Regs.)
Secondary Sources: Treatises
Grad, Frank & Mintz, Joel, Environmental Law (New York: Lexis 2000 & 2008 Supp.) (4th ed.)
Rodgers, William H., Environmental Law (St. Paul, MN: West 1994) (2nd ed.)
Gilpin, Alan, Dictionary of Environmental Law (United Kingdom: Elgar Pub. 2001.)
Sunkin, Maurice, Sourcebook on Environmental Law (2nd ed.; London: Cavendish 2002.)
Secondary Sources: Selected Journals
Environmental Law Journal
New York University Environmental Law Journal
Villanova Environmental Law Journal
