UHLC Nota Bene

The ABA Environment, Energy & Resources Section has recently published the second edition Environmental Litigation: Law & Strategy edited by Kegan A. Brown and Andrea M. Hogan. This eight-chapter book begins with Judicial Challenges to Federal Agency Action, which discusses types of agency regulatory action that is subject to challenge, requirements for such challenges, claims and standards of judicial review, and remedies.  The chapter covering environmental criminal enforcement looks at the issues related to criminal enforcement, elements established by federal environmental statutes, mens rea, pre-trial matters, trial, and sentencing. The chapter covering civil environmental enforcement litigation discusses direct statutory claims, permit enforcement, and regulatory enforcement, and endangerment authorities. It also reviews relief sought by the government including injunctions and penalties as well as defenses to enforcement, settlement, procedural and evidentiary issu...

BernanPress has recently published the Twenty-Fourth edition of Environmental Law Handbook . Edited by Thomas F.P. Sullivan, it contains seventeen chapters written by attorneys and scholars. The first chapter focuses on the basics of environmental law covering the environmental legal system, common law theories such as nuisance, trespass, negligence, and strict liability, as well as summary of different aspects of environmental law from statutes, environmental regulations, state and local laws. The second chapter covering enforcement and liability looks at federal enforcement trends, general concepts of enforcement and liability, civil enforcement and liability, citizen suits, and criminal enforcement, and mitigation and avoidance of liability. The other chapters focus on the major environmental acts, which make up the bulk of federal environmental law. The authors provide a thorough analysis of the Resource Conservation and Recovery Act (RCRA), Clear Air Act (CAA), Clean Water Act (C...

Bernan Press has recently published the fourth edition of the Clean Water Act Handbook by Duke K. McCall, III . Designed for the practitioner, this source cover the National Pollutant Discharge Elimination System (NPDES) program, which regulates discharges to waters within the United States. The chapter on effluent limitations discusses standards that regulate discharges to waters based on what is economically and technologically achievable in one's industry. Another chapter provides an overview of Whole Effluent Toxicity (WET) standards, which are designed to test the impact of pollution on aquatic life. The author also covers non-point sources such as agricultural runoff, the regulation of dredged or fill materials, storm water discharges, and regulation of sanitation systems, among other topics. Finally, the reader will learn about topics related to enforcement of the Clean Water Act, such as criminal and civil enforcement, defenses, and citizen suits. The full text of the C...

Looking for a way to compare the states on various performance measures?   One resource that can help with this is States Perform .   This website, from the Council of State Governments , allows users to compare all 50 states on various measures related to fiscal and economic issues, education, transportation, energy and environment, public safety and justice, and health and human services.   For instance you can compare states on their crime rates, renewable energy generation, or percentage of children who are immunized.   You can also view or compare state trends in the data.   If you don’t want to compare, you can select a particular state to view all of its performance measures.   Finally, you can create customizable charts and maps with the data, which can be printed or downloaded in various file formats.   To explore this data and compare the states, visit the States Perform website.  

The ABA has recently published Hydraulic Fracturing: A Guide to Environmental and Real Property Issue s ( KF1849.H35 2017 ) by Keith B. Hall and Hannah J. Wiseman . The first chapter provides a background on hydraulic fracturing or fracking and covers the different types. The property rights of lessors and lessees versus the owners originating from common law are also discussed. Environmental issues such as water quality, air and climate, and federal, state, and local regulation and exemptions are covered. Information regarding the composition of fracking fluids and data on groundwater quality, matters related to subsurface trespass, and induced earthquakes are among the other issues explored by the authors. This source is now available on the law library's new titles shelf (across from the reference desk).  

The law library now has Critical Government Documents on the Environment ( KF3775.P45 2015 ) published by BernanPress . This book, authored by Don Philpott, looks at critical environmental issues with the goal of providing arguments for and against major environmental issues being debated today. The resources used for this book are mostly from the public domain and range from scholarly journals to government documents from various federal agencies involved in environmental regulation. Both sides of issues pertaining to global warming, clean air, clean water, and renewable energy are explored by the author. The appendices contain a timeline, glossary, and list of resources.

If you need to find information regarding corporate misconduct regarding the environment, health, or safety, try the Violation Tracker database from the Corporate Research Project of Good Jobs First .   Released in 2015, this resource contains information regarding enforcement data covering 2010 to 2015 from a number of different federal agencies charged with enforcing various environmental, health, and safety laws.   Penalty amounts were found using agency enforcement records and settlement announcements.   The data can be accessed in a couple of ways.   Users can choose from a variety of summary pages providing overviews of violations by parent company (e.g. American Airlines or Exxon Mobil), industry (e.g. healthcare services or telecommunications), agency (e.g. Food and Drug Administration or Justice Department), or by state/country where the company is headquartered.   Users can also run searches to find all of the violations involving a specific co...

Over the weekend, the almost 200 countries participating in the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21) reached an historic agreement regarding climate change.   The agreement contains provisions to limit the rise in global temperatures, to limit greenhouse gas emissions, and for wealthier countries to assist poorer countries with adapting to climate change and switching to renewable energy. However, the agreement will not enter into force until it has been ratified by 55 countries, which must represent at least 55% of global emissions.   The agreement will be open for signing on April 22, 2016.   To find out more about the conference and agreement, visit the UN Framework Convention on Climate Change website .   The entire text of the agreement is also available on their website.   

This past Friday, the Environmental Protection Agency accused German automaker Volkswagen of cheating on emissions tests .  Several studies  determined that Volkswagen had programmed its cars to detect when a government-mandated emissions test was occurring and to reduce their nitrogen oxide output during the test.  Volkswagen has acknowledged that the actions behind this scandal may result in criminal prosecutions.  But which laws have been broken? In the United States where this scandal broke, the Clean Air Act of 1970 is the primary law governing air pollution emissions standards.  The Clean Air Act was amended in 1990 to add several new items, including rules for particulate emissions from diesel engines.  These standards are required under 42 U.S.C. § 7521 and tested as per 42 U.S.C. § 7525 ; Volkswagen is accused of installing its cars with software created specifically to cheat this test, which is specifically illegal under 42 U.S.C. ...

The Environmental Protection Agency has proposed new rules controlling emissions in the oil and natural gas industry.  Copies of the proposed rules are available here  and will soon be available in the Federal Register .  The federal rulemaking process is governed by 5 U.S.C. § 553 .  This code requires the publication of proposed rules in the  Federal Register , as well as requiring that federal agencies invite public comments regarding new rules.  This is currently done through the government website, www.regulations.gov .  In this case, the proposed emission rules are expected to be published in EPA-HQ-OAR-2010-0505 , the docket in which the EPA has posted changes to emissions standards in the past.  Any legal researchers investigating this rule specifically or this subject generally may be interested in following this docket.

Attorneys at Bracewell & Giuliani LLP have created an app providing helpful information on shale gas and hydraulic fracturing.   It aggregates news from a variety of news sources as well as energy law specific publications such as the Energy Law Blog and FuelFix.   Users can also select from approximately 50 countries to view news and a list of active oil and gas companies in that nation.   The app also provides an interactive map of the United States, showing the location of a number of shale plays as well as news from each state.   Finally, the app also provides a glossary of shale gas terms and a timeline showing the history of hydraulic fracturing. The app is free and available for both Apple and Android devices.    

Back in 2013, The Environmental Protection Agency (EPA) launched a new version of its Enforcement and Compliance History Online (ECHO) website. ECHO provides information on environmental regulatory compliance and enforcement for approximately 800,000 facilities across the nation. Since the launch of ECHO 2.0, the site has undergone a number of updates and enhancements, and this month saw the introduction of ECHO Release 2.4.1. The most salient new feature is the addition of air pollution data, compiled from the National Emissions Inventory, Toxic Release Inventory, Greenhouse Gas Reporting Tool, and Acid Rain Program, along with compliance information for individual facilities. To learn more about this and other features recently added to ECHO, see this announcement from EPA Assistant Administrator Cynthia Giles.

The U.S. Agency for Healthcare Research and Quality (AHRQ) recently revealed details about its plan to make articles and data resulting from the research it funds available to the public for free.   The plan is in response to a directive issued by the White House in 2013.   The goal of the directive is to ensure that the “direct results of federally funded scientific research are made available to and useful for the public, industry, and the scientific community.” The AHRQ is not the first agency to release its plan for public access, as the Department of Energy unveiled its plan in 2014.   That plan establishes the DOE Public Access Gateway for Energy and Science (DOE PAGES), which is currently being beta tested.   More public access plans are forthcoming, as the directive instructed all federal agencies with “over $100 million in annual conduct of research and development expenditures” to create such a plan.   The AHRQ plan explains that scho...

If you’re a law student looking for a little inspiration about which practice area to pursue, the May 2014 issue of the ABA’s Student Lawyer magazine provides information about three of the hottest practice areas right now.  Currently, there is a greater need for energy law, health law, and regulatory law attorneys.   These are areas where the UHLC is strong and students will find a variety of course offerings on these subjects.  To learn more, students might want to peruse the UHLC course catalog with these practice areas in mind or check out the websites for the Environment, Energy, & Natural Resources Center and the Health Law and Policy Institute .   For more general information about these practice areas, try visiting the Texas Bar Association’s Administrative and Public Law, Health Law , and Oil, Gas, and Energy Law section websites as well as the American Bar Association’s Administrative Law and Regulatory Practice , Environment, Ener...

The federal government’s Data.gov website recently launched Climate.Data.gov , an open resource for government data related to climate change. At the moment, the coverage is mainly focused on rising sea levels, but eventually it will be expanded to include topics such as the impact of climate change on food supply and human health. Here is a selection of some of the resources currently available: USGS Coastal Change Hazards Portal – This service of the U.S. Geological Survey uses data on climate and geomorphology to assess the vulnerability of U.S. coastal regions to extreme storms, shoreline change, and sea-level rise. It includes interactive maps.   Digital Coast – This is a project of the National Oceanic and Atmospheric Administration’s Coastal Services Center. In addition to scientific data, it provides tools and training for the management of coastal communities. Areas of focus include resilience planning and habitat conservation.  Sea Level Trends – The Center...

The Office of Scientific and Technical Information at the Department of Energy recently launched the National Library of Energy (Beta), a new search tool providing access to content from the DOE website and all DOE program offices as well as national laboratories and other facilities.   It covers topics such as science and R&D results, energy market information and analysis, and nuclear security and environmental management.        Currently, you can search across 17 databases and 83 websites using basic and advanced search options.   Once you have your results, you can limit them with filters such as subtopic, publisher, and date.   You can also email results and set up automatic alerts.   For more information, visit the National Library of Energy FAQS page .  

Those whose research interests involve oil and gas, natural resources, mineral, energy, and environmental law, will find the proceedings of the Rocky Mountain Mineral Law Annual Institute helpful for developing and refining a research topic. These materials contain papers of scholars who've presented at the annual institute sponsored by the Rocky Mountain Mineral Law Foundation . The law library has access to the multi-volume print set , which is located in the oil and gas law section of the law library stacks as well as the online version, which is available by clicking "Rocky Mountain Mineral Law Foundation Library" from the drop-down menu under "legal databases" on the law library's website . The print version contains a loose-leaf binder with three indexes that will allow the user to locate information by author, case, and subject. The online database, which requires the "law library's VPN" in order to access, allows the proceedings to be...

In honor of Shark Week , please enjoy the following list of resources suitable for addressing your shark-related legal interests, at least while in United States waters: Shark Management Sharks are considered a highly migratory fish species under the Magnuson-Stevens Fishery Conservation and Management Act .   As such, the National Oceanic and Atmospheric Administration is authorized to study sharks and work towards restocking shark populations . Shark Finning Under the Shark Conservation Act of 2010 , in United States waters sharks may only be fished if landed with their fins fully attached.   This law is intended to prevent shark finning , a practice in which sharks are fished and thrown back after having their fins removed.   Additionally, it is currently illegal to possess or trade in the fins of any or most sharks in Hawaii , California , Oregon , Washington , Illinois , Delaware and Maryland ; New York has just enacted a law that will ban trade in sh...

The library has access to several oil and gas law treatises and practice guides for those who are interested in in this area of law. These are multi-volume sets that are updated regularly and contain subject indexes as well as various tables and charts. Some titles even have sample forms. The following are multi-volume titles that the library currently has: Brown, The Law of Oil and Gas Leases ( KF1865.B72 2d ) (available on Lexis Advance ) Kramer, The Law of Pooling & Unitization ( KF1853.M9 ) (available on Lexis Advance ) Kuntz, A Treatise on the Law of Oil and Gas ( KF1849.K8 ) (available on Lexis Advance ) Summers, The Law of Oil and Gas, with forms ( KF1849.S93 ) (available on Westlaw Next ) Smith & Weaver, Texas Law of Oil and Gas ( KFT1458.A1 S642 Reserve ) Williams & Meyers, Oil and Gas Law ( KF1846.S.W5 ) (available on Lexis Advance ) The titles listed below are other sources useful for those interested in oil & gas law: Hemingway, Oil ...

Tomorrow, May 11, is International Migratory Bird Day .   In honor of this holiday, Nota Bene is proud to present this collection of resources as a reference when dealing with issues relating to migratory birds, and as a source of legal information to delight and amaze your friends.* The United States first addressed the state of migratory birds with the Migratory Bird Treaty Act of 1918 , followed by the Migratory Bird Conservation Act of 1929 .   Since then, a number of statutes have been passed to further enhance protections for migratory birds.   Updates to statutes and regulations, along with general information about migratory birds, are available from the U.S. Fish and Wildlife Service.   Local birdwatchers already know that Texas is a prime destination for birding.   For those interested in becoming birdwatchers, the Texas Parks and Wildlife Department has published guides on migratory birds and how to watch them .     Birdw...