Fall 2016 Research ProcessStrategy Identify question Identify sources

Fall 2016

Research Process/Strategy • • • • Identify question Identify sources of the law for your question Locate those sources Search Review results Search again Repeat OR Secondary Sources-look at treatises, legal encyclopedias, and law review articles to learn about the topic. Create a list of search/key terms. Primary Sources-search for statutes, laws, regulations, and case law. Update your research, check pocket parts/supplements. Search Again

Treatises: Getting Started and Background Information • Grad, Treatise on Environmental Law (on Lexis Advance) • Ginsberg & Philip, Environmental Law and Regulation in New York o Law Reading Room, KFN 5610. G 46 2009. Also on Westlaw. • Guruswamy & Leach, International Environmental Law in a Nutshell o Call Number: Law Reserve, K 3585. 6. G 87 2012 • Rodgers, Environmental Law o 4 volume set, analysis of statutes and regulations. Also on Westlaw. • Clean Air Act Handbook o Westlaw

Treatises: Getting Started and Background Information (cont. ) • To find a treatise online: Westlaw: click “Secondary Sources”, then under By Type, choose Texts & Treatises, then By Topic, select Energy & Environment. Lexis Advance: Under Explore Content, select Secondary Materials, Treatises, Practice Guides, & Jurisprudence, then Practice Area, Energy & Utilities Law or Environmental Law. Bloomberg Law: Click Search & Browse tab, on home page, then “Books & Treatises”; search books by key word or browse by publisher. • When to ask a librarian: Your book is out and not due for months. You cannot find your treatise or publication online. You have searched several databases, but still can’t find an article in point. You have found a good citation, but can’t find a print or digital copy, or a database is not accessible. You have found a citation to a book (in another book, World. Cat, Amazon, an article), but Hofstra doesn’t have it.

Books: Getting Started and Background Information • Library catalog (LEXICAT) (a good book can provide background; citations to cases, articles, statutes, Congressional reports, Internet sites) • • • Search: keyword: “sea level” (result # 2) Subject headings: Climatic changes -- Environmental aspects -- Pacific Coast (U. S. ) – Forecasting, but also others. Search: keyword: climate executive Select: #47, Integrating U. S. climate, energy, and transportation policies [electronic resource] : proceedings of three workshops / [edited by] Liisa Ecola and others. (2009) Check contents and other subject headings: Environmental policy -- United States -- Congresses. • World. Cat-search by keyword, author, subject, etc. Library can interlibrary loan items-place ILL requests ASAP! • Electronic book tips: on Electronic Books (Ebrary): Must have downloaded Ebrary Reader software; printing-under Tools; print limited number of pages.

Current Issues v BNA Databases o o o Environment Reporter Daily Environment Report Environment & Safety Resource Center International Environment Reporter World Climate Change Report Check other applicable BNA databases, such as Antitrust & Trade Regulation Resource Center and International. v Environment and Energy Daily v News databases on Lexis Advance, Westlaw, and Bloomberg Law. v Environmental Law Reporter

Current Issues (cont. ) v EPA. gov v Federal agency Web sites: http: //www. usa. gov/directory/federal/ v Center for Climate and Energy Solutions v NGO Web sites: http: //www. ngo. org/links/list. htm

Law Library Article Finding Databases

Article Finding v Databases o Index to Legal Periodicals o Index to Foreign Legal Periodicals o Hein. Online o Lexis Advance o Westlaw o SSRN (Social Science Research Network)-for scholarly working papers, forthcoming law review articles, think tank articles (new and very recent research) (tip: use the Keywords section to find additional terms for the search. ) o Axinn Subject Databases-for interdisciplinary scholarly articles. Example: Business Source Premier, Academic Search Premier, etc. (tip: use the Subject: Thesaurus Term or Subject features to find additional terms and articles for the search. ) v Bibliographies (tip: use the term “bibliography” as keyword; ex. Global Climate Change Bibliography. Annotated bibliographies provide summaries of the sources listed. Bibliographies can also be referred to as “References. ” o Google o Hein. Online, Lexis Advance and Westlaw (search in Law Reviews and Journals) o Organizational and center sites (ex. Columbia’s Climate Law Bibliography) v Law Library Article Finding research guide

Which statutes are applicable? • Treatises • Environmental Law Research Guides (for example, Georgetown Law Library's guide) • EPA Web site • Index to USCA or USCS

Where can I locate the relevant statutes? Tips: • Know the difference between codified statutes (USC, USCA, USCS) and public laws (Statutes at Large). • Use the Popular Name Table.

Where can I locate the relevant statutes? (cont. ) • Law Library Federal Information – Legislative – provides links to online federal legislative sources. • United State Code – available in print (Law Library Reading Room) or on FDsys. • United States Code Annotated (USCA) – available in print or in Westlaw. • United States Code Service (USCS) – available in print or in Lexis Advance.

Easy Legislative History • Hein. Online (U. S. Federal Legislative History Library)--can search by publication. title, public law number, and popular name. • Lexis Advance and Westlaw • Pro. Quest Congressional--can search by keyword, code section, Statutes at Large, bill number, & public law number.

Proposed Legislation • Congress. gov • Lexis Advance and Westlaw • Pro. Quest Congressional • Sabin Center for Climate Change Law

Executive Materials • Law Library Federal Information – Executive - provides links for Executive branch materials. • White House Council on Environmental Quality – provides executive orders, presidential Climate Action plan, news, and more.

What do federal agencies do? • Rule-making (regulations published in the Code of Federal Regulations) • Adjudication (administrative decisions)

Which Agency? • EPA o Clean Water Act, Clean Air Act, Safe Drinking Water Act, CERCLA, NEPA, FIFRA, etc. • Endangered Species Act o Dept. of the Interior: Fish and Wildlife Service; Dept. of Commerce: National Marine Fisheries Service; NOAA • Council On Environmental Quality o NEPA

Federal Regulations • Rulemaking • Federal Register • Code of Federal Regulations

Federal Register • Federal Register – online and in print (Law Library Reading Room) • Online sources: o o o FDsys Lexis Advance and Westlaw Hein. Online

Code of Federal Regulations • Code of Federal Regulations – online and in print (Law Library Reading Room) • Online Sources: o o o FDsys Lexis Advance and Westlaw Hein. Online o o o 40 CFR – Protection of Environment 43 CFR – Public Lands: Interior 18 CFR – Conservation of Power and Water Resources • Relevant volumes might include:

Proposed Regulations • Regulations. gov • Federal Register: https: //www. federalregister. gov/ • Lexis Advance and Westlaw • Agency Web sites • Sabin Center for Climate Change Law

Agency Decisions • Agency Web sites • Looseleaf services • Bloomberg Law, Lexis Advance, and Westlaw • Law Library Administrative Law Resources and Regulatory Decisions research guides

Government Web Sites • Science. gov (click Energy and Energy Conservation; Environment & Environmental Quality) • EPA. gov o Publications: o Data § http: //www. epa. gov/nscep/

State Information • Law. cornell. edu (law about, find by topic) • www. envcap. org (state regulations resource locator) • Environment Reporter (BNA) • Lexis Advance • Westlaw

New York State Resources • Dept. of Environmental Conservation Law (enabling legislation) o Free access to relevant regulations: dec. ny. gov and http: //www. dos. ny. gov/info/nycrr. html o NYS Register: http: //www. dos. ny. gov/info/register. htm o Data at www. dec. ny. gov o

Local Sources • Don’t forget that county and other entities may have governing environmental local laws and ordinances. • Law Library sources: New York - Local/Municipal and State and Local Government.

Lexis Advance and Westlaw Databases Topic Search • Lexis Advance: go to Browse-->Topics->Energy & Utilities Law OR Environmental Law. • Westlaw: go to Practice Areas-->Energy & Environment. • Searching by topic provides access to all environmental law sources: o o o Environmental law treatises Environmental law cases Environmental law statutes and administrative materials

Case Law • International Court of Justice • International Environmental Law Reports: Law Classified, K 3581. 2. R 63 • Environmental Law Reporter • Westlaw • Lexis Advance • Bloomberg Law • Sabin Center for Climate Change Law: Litigation Charts

Research Exercise: The Endangered Species Act

For additional research assistance: • E-Mail—Reference Desk: hofstralawlib@gmail. com • E-mail Kevin Shelton: Lawkbs@hofstra. edu • Reference Desk consultation with librarians