research topics for environmental law

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Editor-in-Chief

Sanja Bogojević

Analysis Editors:

Emily Barritt Joanna Bell Anatole Boute

Reviews Editors:

Ioanna Hadjiyianni Benjamin Pontin Elen Stokes

About the journal

Condensing essential information into just three issues a year, the Journal of Environmental Law has become an authoritative source of informed analysis for all those who have any dealings in this vital field of legal study …

2023 Workshop: Taking the Temperature of Environmental Law Scholarship

JEL 's 2023 workshop is a nod to Liz Fisher’s editorial in 2013 entitled ‘ Environmental Law as “Hot” Law ’ in which environmental law was described as dealing with "hot situations".

Call for Papers: Writing Workshop for Early Career Scholars from the Global South

Accepting submissions of articles relating to law and environmental problems in any jurisdiction.

Tribute to the late Professor Alan Boyle

Professor Boyle was a pioneering figure in international environmental law scholarship. The Board of Editors of the Journal of Environmental Law expresses its sincere condolences for the death of Professor Alan Boyle. Here are some of his scholarly contributions published in the Journal of Environmental Law .

Explore now

Richard Macrory Prize

The 2022  JEL Richard Macrory Prize has been awarded to Eva Romée van der Marel for ‘ Trading Plastic Waste in a Global Economy: Soundly Regulated by the Basel Convention? ’ and Chris Hilson for ‘ The Role of Narrative in Environmental Law: The Nature of Tales and Tales of Nature ’.

An honorable mention goes to Lovleen Bhullar for ' Environmental Constitutionalism and Duties of Individuals in India '

All articles are freely available to read online.

Find out more

Journal of Environmental Law on the OUPblog

Climate change in the courts: challenges and future directions.

"In this fast-moving field, legal academics and legal experts have an important task, now and ahead, in reflecting on how adjudicative processes are accommodating the disruption that climate change inevitably brings to legal systems."

Read the full blog post

What is climate change law?

"Some years ago Dave Markell and I noticed that commentary on climate change law was devoting a tremendous amount of attention to a small handful of judicial opinions as being representative of trends in climate change litigation, whereas inventories of climate change litigation, such as the Columbia Law School’s Sabin Center blog, included hundreds of active and resolved cases."

The Urgenda decision: balanced constitutionalism in the face of climate change?

"Over the coming months and years, much will undoubtedly be written about Urgenda v Netherlands, the decision by a District Court in the Hague ordering the Dutch Government to ‘limit or have limited’ national greenhouse gas emissions by at least 25% by 2020 compared to the level emitted in 1990."

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This journal is a member of and subscribes to the principles of the Committee on Publication Ethics (COPE).

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Environmental Law Research

Secondary sources, federal legislation & regulations, state legislation, news & current awareness, epa library, getting help.

This guide contains recommended primary and secondary source resources for researching  Environmental Law .  The focus is on the United States, but selected international materials are also included.

Photo by Belle Co via Pexels

Using Secondary Sources

Whether you're looking for a general overview of environmental law or an in-depth treatment of a specific law or subject area, there are secondary sources that can help.  Visit the following guide to learn more about secondary sources and how to use them:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Sep 12, 2023 3392 views this year

Treatises and Other Texts

For a general overview, try Environmental Law in a Nutshell or Understanding Environmental Law .  For treatises on specific legislation, see also the items under the federal legislation section.

Research Databases and Websites

• Environmental Protection Agency (EPA) Visit the Environmental Protection Agency's website to begin research on environmental topics including air, water, climate change, pollution/chemicals, waste, mold and radon. Find laws and regulations by topic and business sector.
• Energy & Environmental Law Secondary Sources - Westlaw For HLS affiliates only. Individual login required.
• Environmental Law Secondary Sources - Lexis For HLS affiliates only. Individual login required.
• Environmental Law Reporter (ELI) Access is controlled by HLS IP address and is limited to the Harvard Law School community. Off-campus access is controlled by HLS Account username and password. The Environmental Law Reporter is published by the Environmental Law Institute. Find the full text of federal statutes, state and international materials, recent agency and court developments, and articles and analysis of environmental law issues.

Environmental Law Journals

Although you may find articles about environmental law in any law journal, there are many journals that specialize in this area. For example:

• Environmental & Energy Law & Policy Journal
• Environmental Lawyer
• Environmental Law Reporter News and Analysis
• Harvard Environmental Law Review
• Journal of Environmental Law & Litigation

Links are to the Law Journal Library in HeinOnline, which is an excellent source for PDF versions of articles. Search for other publications via the database link below.

• Law Journal Library (HeinOnline) Access via HarvardKey Full-text, page image access to law reviews and journals. Coverage begins with a journal’s first volume but does not usually include its most recent issues. Use the HeinOnline ScholarCheck citator to locate bar journals and law reviews that cite an article.

Westlaw and Lexis also offer a number of journals.  For interdisciplinary research, look to the Environment Index database.

• Energy & Environmental Law Journals - Westlaw For HLS affiliates only. Individual login required.
• Environmental Law Reviews and Journals - Lexis For HLS affiliates only. Individual login required.
• Environment Index Access via HarvardKey Find abstracts and indexing for over 1,000 titles covering environmental policy and studies, and citations for nearly 700,000 articles published since 1973. Areas covered include agriculture, ecosystem ecology, energy, environmental law, geography, marine and freshwater resources, public policy, social impacts, urban planning, and more. Updated monthly.

Major Federal Legislation

Each drop down box below covers the major federal environmental laws. Links are provided to the text of the law and its major amendments, selected legislative history materials, and some websites and treatises to further your research. 

Note that there may be additional legislation for minor changes to the laws. Check the history sections of the codified version at Lexis or Westlaw for complete history of any given section.

Clean Air Act (CAA)

To improve, strengthen, and accelerate programs for the prevention and abatement of air pollution.

United States Code 

• Clean Air Act, 42 U.S.C § 7401 et seq. (Chapter 85)  - via GovInfo
• Clean Air Act, 42 U.S.C Clean Air Act, § 7401 et seq. (Chapter 85) in U.S. Code Annotated  -- Annotated edition of the U.S. Code from Westlaw. Historical editions also available on Westlaw to 1990.
• Clean Air Act, 42 U.S.C Clean Air Act, § 7401 et seq. (Chapter 85) in U.S. Code Service -- Annotated edition of the U.S. Code from Lexis.

Statutes at Large

• Clean Air Act of 1963, P.L. 88-206, 77 Stat. 392  - via GovInfo
• Clean Air Act Amendments of 1970, P.L. 91-604, 84 Stat. 1676  - via GovInfo
• Clean Air Act Amendments of 1977, P.L. 95-95, 91 Stat. 685  - via GovInfo
• Clean Air Act Amendments of 1989, P.L. 101-549, 104 Stat. 2399  - via GovInfo

Legislative History

• Legislative History of the Clean Air Act Amendments of 1990 by the Environment and Natural Resources Policy Division of the Congressional Research Service of the Library of Congress
• Legislative History of the Clean Air Act of 1990 Public Law 101-549
• Legislative History materials for the CAA Amendments of 1990 on ProQuest Congressional  -- A full legislative history is not available. At the link, use the search by number option to search for P.L. 101-549.
• Proquest Congressional Legislative History of the CAA Amendments of 1977  -- Proquest legislative histories contain the text of bills, hearings, House and Senate reports, CRS reports, and other material related to the passage of the law.
• Proquest Congressional Legislative History of the CAA Amendments of 1970
• Legislative History materials for the Clean Air Act of 1963 on Proquest Congressional  -- A full legislative history is not available. At the link, use the search by number option to search for P.L. 88-206.

CAA Treatises

• Clean Air Act Handbook  (via Westlaw)
• Clean Air Act: Essentials, Roy S. Belden, 3d ed. (2021) - Harvard Law School Library - KF3812.B45 2021
• The Clean Air Act Handbook, Julie R. Domike and Alec C. Zacaroli eds, 3d ed. (2011) - Harvard Law School Library - KF3812 .C554 2011
• More environmental law treatises - for more treatises covering environmental law generally, click here to go to this guide's secondary sources page

CAA Websites

• Air Pollution and the Clean Air Act (EPA)
• Plain English Guide to the Clean Air Act (EPA)

Clean Water Act (CWA)

Formally known as the Federal Water Pollution Control Act.

United States Code  

• Clean Water Act, 33 U.S.C. § 1251 et seq. (Chapter 26)  - via GovInfo
• Clean Water Act, 33 U.S.C. § 1251 et seq. (Chapter 26) in U.S. Code Annotated  - Annotated edition of the U.S. Code from Westlaw. Historical editions also available on Westlaw to 1990.
• Clean Water Act, 33 U.S.C. § 1251 et seq. (Chapter 26) in U.S. Code Service - Annotated edition of the U.S. Code from Lexis.
• Clean Water Act Amendments of 1977, P.L. 95-217, 91 Stat. 1566  - via GovInfo
• Clean Water Act of 1972, P.L. 92-500, 86 Stat. 816  - via GovInfo
• Clean Water Act of 1977 by Covington & Burling (legislative history)
• Proquest Congressional Legislative History of the Clean Water Act of 1977  - Proquest legislative histories contain the text of bills, hearings, House and Senate reports, CRS reports, and other material related to the passage of the law.
• Proquest Congressional Legislative History of the Federal Water Pollution Control Act Amendments of 1972

CWA Treatises

• The Clean Water Act Handbook, Mark A. Ryan, ed., 4th ed. (2018) - Harvard Law School Library KF3790.C545 2018
• Clean Water Act, Joel M. Gross, 2d ed. (2012) - Harvard Law School Library KF3790.G76 2012

CWA Websites

• EPA Water website
• Summary of the Clean Water Act (EPA)
• EPA Agriculture Clean Water Act website

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

See also Superfund Amendments and Reauthorization Act (SARA) 

• Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (Chapter 106)  - via GovInfo
• Comprehensive Environmental Response, Compensation, and Liability Act of 1980, P.L. 96-510, 94 Stat. 2767  - via GovInfo
• Superfund: A Legislative History:  the evolution of selected sections of the Comprehensive Environmental Response, Compensation and Liability Act

CERCLA Texts and Treatises

• CERCLA : Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), Carole Stern Switzer and Peter Gray, 2d ed. (2008) - Harvard Law School Library KF1299.H39 S953 2008
• The Superfund Handbook: A Practitioner's Guide to CERCLA Litigation, Peter L. Gray (2016) - Harvard Law School Library KF1299.H39 G73 2016 

CERCLA Websites

• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (EPA's Agriculture website)
• CERCLA Overview (EPA Superfund website)
• Natural Resource Damages: A Primer (EPA)

Resource Conservation and Recovery Act (RCRA)

• Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (Chapter 82)  - via GovInfo
• Resource Conservation and Recovery Act of 1976, P.L. 94-580, 90 Stat. 2795  - via GovInfo
• Proquest Congressional Legislative History of the RCRA of 1976  - Proquest legislative histories contain the text of bills, hearings, House and Senate reports, CRS reports, and other material related to the passage of the law.

RCRA Texts and Treatises

• RCRA: Resource Conservation and Recovery Act, John Teets (2003) - Harvard Law School Library KF3946 .T44 2003
• RCRA Demystified: The Professional's Guide to Hazardous Waste Law, David B. Kopel (1996) - Harvard Law School Library KF3946 .K67 1996

RCRA Websites

• Summary of the Resource Conservation and Recovery Act (EPA)

Emergency Planning & Community Right to Know Act (EPCRA)

• Emergency Planning and Community Right-to-Know Act, 42 U.S.C. § 11001 et seq. (Chapter 116)  - via GovInfo
• Emergency Planning and Community Right-to-Know Act of 1986, P.L. 99-499, 100 Stat. 1613  - via GovInfo
• Proquest Congressional Legislative History of EPCRA  - Proquest legislative histories contain the text of bills, hearings, House and Senate reports, CRS reports, and other material related to the passage of the law.

EPCRA Texts and Treatises

• EPCRA compliance manual : interpreting and implementing the Emergency Planning and Community Right-to-Know Act of 1986

EPCRA Websites

• EPA's Emergency Planning and Community Right-to-Know Act (EPCRA) website

National Environmental Policy Act (NEPA)

United States Code

• National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (Chapter 55)  - via GovInfo
• National Environmental Policy Act of 1969, P.L. 91-190, 83 Stat. 852  - via GovInfo
• National Environmental Policy Act of 1969 by Covington and Burling  - 2-volume set containing hearings, reports, debates, and other materials related to NEPA's passage through Congress
• Sources of Compiled Legislative History: NEPA  - Bibliography of books and journal articles about NEPA.

NEPA Texts and Treatises

• NEPA Law and Litigation 2d  (via Westlaw)

NEPA Websites

• NEPA Compliance (EPA website)
• Department of Energy NEPA website

50 State Surveys

• 50 State Surveys - Environmental Law (Lexis) For HLS affiliates only. Individual login required.
• 50 State Surveys - Environmental Law (Westlaw) For HLS affiliates only. Individual login required.
• State Codes - Environmental Law (Lexis) For HLS affiliates only. Individual login required.
• Energy & Environment Statutes and Court Rules (Westlaw) For HLS affiliates only. Individual login required.

Environmental Law Cases

• Energy & Environment Cases - Westlaw For HLS affiliates only. Individual login required.
• Environmental Law Cases (Federal) - Lexis For HLS affiliates only. Individual login required.
• Environmental Law Cases (State) - Lexis For HLS affiliates only. Individual login required.

Legal blogs ("blawgs") can be a great way to tap into the conversations scholars, practitioners and interested organizations are having about current issues.  Justia and ABA are two aggregators of blawgs on a range of subjects. Besides environmental law, you might also check out related areas like energy law, animal law, and agricultural law.

• Justia - Environmental Law Blawgs
• ABA Journal - Environmental Law Blawgs
• Law360 Access is available on the Harvard Law School campus. Off-campus access is available to current HLS affiliates and controlled by Harvard Key. Law360 contains the latest legal news with the ability to filter news results on over thirty practice areas, nine jurisdictions, and eighteen industries. Law 360 also includes expert analysis on breaking legal issues.
• E&E News (via Politico Pro) Access via Harvard Key Energy industry and environmental news
• Legal Newspapers and Newsletters - Westlaw For HLS affiliates only. Individual login required.
• Environmental Law Legal News - Lexis For HLS affiliates only. Individual login required.

EPA Region 1 Library

• Region 1 Library Services The EPA region 1 library, which serves Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and the NE Tribal Nations, is located at 5 Post Office Square in Boston, and is open to the public Monday-Thursday 9:00am-12:00pm and 12:30pm-3:30pm. Please call ahead to make sure the librarian is available. The region 1 library may be able to suggest the best way to search for something online or help you find obscure EPA documents.
• EPA National Library Network

Many materials published by the Environmental Protection Agency can be found by searching the EPA National Library Catalog or the  National Service Center for Environmental Publications (NSCEP) . Some materials will be available directly in PDF, while others will be at one of the EPA libraries in print or microfiche. If they are available in one of the latter formats, you can request them through HLS's interlibrary loan form.

• National Service Center for Environmental Publications (NSCEP)

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• Last Updated: Sep 12, 2023 10:46 AM
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