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One of the principal uses of ELR is for in-depth research. With
over 10,000 full-text cases, thousands of agency documents (many
not available anywhere elseeven at the agencies), hundreds
of digests of briefs and pleadings, and dozens of statutes and statutory
amendments published since we began in 1971, ELR is an extensive
repository of the key source documents of modern American and international
environmental law. In addition, ELR's document collection includes
numerous treaties and international agreements, which offer our
readers the ability to conduct extensive research on international
environmental law. Finally, ELR's trove of Articles, Dialogues,
and Commentsover 2,000 footnoted articles, the largest collection
of commentary and analysis on the subjects--provides invaluable
analysis of virtually every environmental, natural resources, toxic
tort, health/safety, and land use law issue.
There are several ways to access this store of information. A good
place to start is the Indexes section. In addition to containing
a cumulative table of cases published in ELR, a table for determining
the official citation for a case if you only have the ELR cite,
and bibliographies of environmental law articles published in other
journals (a separate and also extensive bibliography of books and
articles published on international environmental law topics is
available at the International
Materials section), the Indexes section contains Subject
Matter Indexes. Each one contains several years worth of citations
to cases, Articles, Dialogues, and Comments published in ELR. There
is also an index of briefs and pleadings digested in our Briefs
& Pleadings service.
Set forth below are descriptions of several easy ways to use the
Subject Matter Index to begin your research.
Each description begins with a chart that diagrams the steps to
take, then contains a more detailed explanation, followed by illustrations
taken from ELR.
One way to begin your ELR research is with an ELR Article on the
subject that interests you. To find that Article, go to the Subject
Matter Index in the Indexes section. ELR Articles are indicated
by the word "analyzed" appearing before a citation.
Let's take an example. Suppose you are interested in the recovery
of natural resource damages under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA). You want to
know what proposals have been made in the past to revise CERCLA's
natural resource damages provision. Start off by turning to the
major heading "Comprehensive
Environmental Response, Compensation, and Liability Act"
in the Subject Matter Index. Since you probably
want to begin with the most recent information on this topic, use
the current Subject Matter Index.
Your first inclination will be to turn to the subheading "Natural
resource damages." Because of the complexity of environmental
law, ELR groups related topics under a more general subheading.
Therefore, the entries relating to CERCLA natural resource damages
appear under the subheading "Remedies,"
which in turn has a sub-subheading for "Natural
resource damages." But don't worry, the Subject Matter
Index contains many cross-references that will lead you to the place
you want to go. So, if you look for a subheading "Natural resource
damages" under the CERCLA main heading, there will be a cross-reference
directing you to the sub-subheading "Natural resource damages"
under "Remedies."
When you go to "Natural resource damages" under "Remedies"
in the CERCLA section of the Subject Matter Index, you will see
an entry for "Proposed revisions to natural resource damages
program". This description is followed by the word "analyzed,"
so you know the citations that follow it refer to Articles. Let's
look at the first one, 27/10121. As the introduction to the Subject
Matter Index tells you, this citation means that the Article you
want appears in volume 27, page 10121, of the News & Analysis
print binders. The same numbering organization of articles and litigation
materials is used in ELR's online service. When you click on the
link from the Index, you will see the first page of an Article entitled
"Reforming
CERCLA's Natural Resource Damage Provisions: A Challenge to the
105th Congress From the Clinton Administration."
This Article provides an excellent example of the way that ELR
is cross-referenced and cross-linked for your convenience. In the
footnotes on the first page of this Article, you will see citations
and links to cases, the CERCLA statute, and agency documents, which
are contained in other ELR sections. If you look at
footnote 1 of the Article, for example, you will see a citation
to the case Artesian Water Co. v. Government of New Castle County,
851 F.2d 643, 649, 18 ELR 21012, 21014 (3d Cir. 1988). This citation
includes both a cite to the official reporter (851 F.2d 643, 649)
and a cite to the copy of that opinion that appears in ELR (18
ELR 21012, 21014). The ELR copy of this case appears in volume
18, page 21012, of both the ELR Litigation binders and the online
version. You can link directly to the decision from the footnoted
article.
When you examine a case in the ELR Litigation service, you will
see that they begin with a short summary written by ELR's staff
of attorney-editors. These will facilitate your research by quickly
showing you what the case is about. Each summary tracks the order
of the holdings in the case, allowing you to find the holding you
want more easily. In addition, many case summaries end with references
and links to related cases and to briefs in that litigation that
are digested in the ELR Briefs &
Pleadings service. Although the ELR Briefs & Pleadings service
contains digests of briefs in hundreds of cases, not all cases appearing
in the ELR Litigation section or cited in Articles appearing in
the News & Analysis service have related briefs digested in
the ELR Briefs & Pleadings materials. Nevertheless, you will
find many cases that refer to digested briefs.
ELR Articles do not just reference materials appearing in the ELR
Litigation service. If you look at footnote 2 of the natural resource
damages Article in Illustration 2, you will see a cite to an Executive
Order. At the end of this citation you will see "ELR Admin.
Mat. II 45087." This tells you that this document appears in
ELR's Administrative Materials service.
Because of the enormous volume of agency documents, not all of the
agency documents in ELR's collection appear in the Administrative
Materials service in full text. Many of them are listed as available
from the ELR Guidance
& Policy Collection. If, for example, you are researching
environmental enforcement and turn to the Article "The
State of Environmental Enforcement: A Speech Presented at the American
Bar Association's 1998 Annual Meeting" (volume 28, page
10711, of the News & Analysis service), you will see that footnote
1 cites a U.S. Environmental Protection Agency accomplishments
report. At the end of this cite, there is a parenthetical that reads
"available from the ELR Document Service, ELR Order No. AD-3928."
This means that you can obtain this document simply by referring
to our Guidance &
Policy Collection.
Finally, ELR Articles provide cross-references to the statutes
that appear in the ELR Federal Laws
& Regulations service. Go back to the natural resource damages
Article we took as our example above. If you look at footnote
3, you will see a citation that reads "ELR Stat. CERCLA
§101(16)." This tells you that you can examine §101(16)
of CERCLA by looking at the copy of CERCLA that appears in the ELR
Federal Laws and Regulations section.
Perhaps you are interested in beginning your research by turning
directly to the case law. ELR allows you to do this easily, in several
ways. Let's start with the Indexes section.
Let's take an example. Say you are doing research on the addition
of chemicals to the toxics release inventory under the Emergency
Planning and Community Right-to-Know Act (EPCRA). You turn to the
EPCRA section
of the Subject Matter Index and look under the subheading "Toxics
release inventory, §313". One entry particularly interests
you: "EPA
decision to list 3-IODO-2-Propynyl Butyl Carbamate was not arbitrary
and capricious." The cite and link at the end (28/20200)
does not begin with the word "analyzed," so you know that
this is a case, not an Article, Dialogue, or Comment. (The Subject
Matter Index only contains cites and links to cases, Articles, Dialogues,
and Comments. Briefs and pleadings digests are referenced and linked
in their own index in the Briefs and Pleadings service. Agency documents
are listed in the Administrative Materials and Guidance & Policy
Collection sections, and federal statutes and treaties are provided
in the Federal Laws and Regulations section.)
To find this EPCRA case, click on the link. The case begins with
a summary written by ELR's attorney-editors. Following the case
summary is a reference, in brackets, to prior decisions in this
litigation that appear in ELR. In addition, at the end of the bracketed
reference is a citation to an ELR digest of briefs in this case
("Briefs & Pleads. 66525"). To examine this digest,
click on the link and go to the ELR Briefs & Pleadings service.
There you will find a short summary of the litigation and the parties'
arguments. Following this summary is an outline of the parties'
briefs.
You can also locate decisions using the Litigation section, by
way of the current and cumulative litigation directories.
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