Making sense out of secondary sources in environmental law: a research primer.

AuthorSpyke, Nancy Perkins
  1. INTRODUCTION

    Rachel Carson's ground-breaking book Silent Spring is prefaced with the observation that "[o]ur approach to nature is to beat it into submission."(1) The novice in the field of environmental legal research might adapt that quote to say that the approach to publishing environmental law secondary authorities is to beat the researcher to a point past saturation. A quick look at the law library shelves and computer databases reveals a plethora of environmental law materials. It is a little ironic that in a field partially devoted to conservation there is anything but a conservative number of publications. The environmental law researcher, however, need not be daunted by what may appear to be the Herculean task of conducting initial or continuing research in the field. There are many ways to become introduced to, or keep in touch with, the subject without devoting all of one's time to the task.

    Like most bibliographic articles, this piece has a simple primary purpose: to function as a research primer by providing a descriptive list of secondary sources(2) that may prove valuable not only to those faced with the occasional research problem in the environmental area, but also to those with an ongoing need to keep abreast of new developments. A secondary purpose is to help researchers make more efficient use of their time. A brief review of this article may replace an otherwise bewildering and time-consuming tour of the card catalogue or library shelves.

    This article discusses many sources in greater detail than would be the case in a traditional annotated bibliography. This is in part a function of the large size and scope of those sources. Full discussions, however, also help provide a clearer picture of the sources. Some of the research materials discussed are substantially duplicative, which should relieve those new to the field who may feel it would be impossible to review the seemingly countless sources on a regular basis. The duplication among the sources is actually an asset because it brings the luxury of choice. After looking at and working with sources that are similar in scope and purpose, the reader may discover that one source is more comfortable to work with than another. I do not intend to promote my own bias. Nonetheless, from time to time I will note particularly helpful features of individual sources. The main goals of this article are: 1) to provide a manageable breakdown of the types of secondary authorities available, 2) to describe some major sources under each category, and 3) to give the reader a feel for available resources.

    This bibliography cannot, and does not attempt to, address all the secondary sources that may be used in conducting research in the environmental law area. Rather, I have tried to include sources that are good representations within each category and that cover a broad range of environmental law materials.(3) Moreover, the focus is primarily on federal environmental law, and therefore sources that relate solely to areas such as state environmental law or international environmental law are not discussed. I note, however, where a federally-related source includes state or international information.

  2. CATEGORIES

    Environmental law research sources can be broken down into the following categories: 1) looseleaf services, 2) treatises, 3) miscellaneous book sources, 4) specialty periodicals, and 5) computer-assisted legal research materials. Numerous books are devoted to various subjects, but because of the difficulty in singling out representative books, they are not discussed. Case books and other teaching texts are also omitted. Within each category, sources are listed alphabetically by title.

    1. Looseleaf Services

      Looseleaf services have been aptly described as "`mini-librar[ies]' containing all relevant primary and secondary authority needed to research an area of . . . law."(4) Looseleafs devoted to environmental law fit that definition, offering the single most comprehensive research authority for the scholar. On the other hand, the sheer volume of information included in these sources, as well as the number of volumes they contain, may appear overwhelming to the novice user.

      1. Environment Reporter(5)

        Published by the Bureau of National Affairs (BNA), the Environment Reporter is a multivolume set that incorporates primary and secondary materials. The frequently updated service covers both federal and state environmental law and is broken down into three main portions: 1) Current Developments, 2) Decisions, and 3) the Reference File. Rather than plunging into what may appear to be a volume that is pertinent to your research, the best introduction to this service (and any other looseleaf service for that matter) is to read the "How to Use" pages.(6) Take the time to locate and read these pages; it will save time and spare needless frustration.

        The Environment Reporter's Current Developments are weekly pamphlets that review recent events in environmental law. The pamphlets are arranged chronologically in looseleaf binders with periodic cumulative indexes. Each issue contains a number of sections, such as Current Developments, State Laws and Regulations, and Decisions. The front page describes highlights of the week's events and provides a page number referring to the location within the issue containing a more detailed discussion of the item. Issues in Current Developments are clearly broken down by subject, such as solid waste, drinking water, and Superfund. Each subject includes information about recent cases, EPA reports, congressional committee actions, and rulemaking activities. Of particular value in Current Developments are the "Analysis and Perspective" pages, where one can find articles dealing with current topics written by outside authors.(7)

        The Decisions(8) component of BNA's service is also comprised of weekly issues; these provide the full text of recent federal and state court opinions. The issue begins with a synopsis of each case. Headnotes written by BNA staff are provided before the full text of each case. The headnotes are eventually included in a digest, organized by topic according to BNA's classification system.(9) As with Current Developments, a looseleaf volume holds the recent Decisions issues. Once the opinions are published in bound volumes, the Cumulative Index Digest pamphlets allow the researcher to search for cases by topic using the classification guide. Consistent review of both Current Developments and Decisions will keep a student of environmental law abreast of recent developments.

        The Reference File portion of the Environment Reporter currently consists of forty-one volumes that house the permanent reference materials dealing with federal and state environmental law. Two volumes are devoted to federal laws, four volumes cover federal regulations, one volume contains monographs,(10) and the remaining volumes cover mining and state environmental laws and regulations. Reference File binders are well indexed and include helpful finding tools. A separate Master Index volume helps the researcher gain access to federal laws and regulations.

        The Reference File volumes provide more than the full text of relevant statutes and regulations. They also include sections devoted to EPA policies and guidance documents.(11) Other valuable, and perhaps unexpected, information is also included in the Reference File, such as information about EPA programs(12) and a directory providing the names and phone numbers of EPA personnel in Washington, D.C., and in EPA's regional offices.(13) In addition, the Reference File includes a helpful organizational chart of the EPA,(14) a regional map that indicates the jurisdiction of the various EPA regions,(15) and a list of the members of the select congressional subcommittees whose jurisdiction involves environmental matters.(16) It is well worth one's time to peruse the Reference File volumes to fully appreciate the vast amount of information available in that portion of BNA's service.

        BNA offers a toll-free telephone number to call for copies of documents, custom research, or legislative monitoring. While this service is not conspicuously detailed in the Environment Reporter's materials, it is highlighted in other BNA materials, such as its Daily Environment Report.(17)

        As of July 1994, BNA ceased distribution of Environment Reporter state materials in print, but distribution of federal materials in print will continue. State and federal materials are, however, available on CD-ROM. Therefore, research in the Environment Reporter for federal problems may now be undertaken either manually or electronically, but researchers interested in current state materials must use CD-ROM.(18)

        Highlights of BNA,S Environment Reporter:

        * Primary materials and commentary dealing with federal and state

        environmental law in one multi-volume service;

        * Weekly Current Developments issues and Decisions issues detailing

        the most recent information on legislation, judicial decisions, and

        administrative action;

        * Case law with headnotes digested according to BNA's classification

        system;

        * Federal reference materials including policies, guidance documents,

        and miscellaneous information of interest;

        * Document copying and custom research services; and

        * Here's How this Service is Organized pages and other finding tools

        to assist the researcher.

      2. Environmental Law Reporter(19)

        Similar to the Environment Reporter, the Environmental Law Institute's Environmental Law Reporter is a looseleaf service that reports on recent developments in the courts and in Congress; publishes information relating to federal rulemaking and announcements; and provides references to federal laws, regulations and administrative guidance.(20) The Environmental Law Reporter is a fully indexed, full-text library including commentary and hard-to-find EPA decisions.(21) Reading the How to Use ELR--the Environmental Law Reporter pages is a...

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