LAW 624S - Climate Change Law (Prof. Nevitt - Spring 2024)

United States Code

While most laws governing adoptions are state-specific, additional federal statutes may also address domestic, international, and other adoption-related legal issues.  The United States Code, United States Code Annotated and United States Code Service, in print, are arranged by subject and located on the 3^rd floor of MacMillan Law Library. 

Online access is also available through Lexis, Westlaw, and Bloomberg Law.  Free online access to the United States Code is available via govinfo, Cornell LII, and the U.S. House - Office of the Law Revision Counsel. 

The United States Code with topics related to climate change includes:

• Title 6. Domestic Security
• Title 7. Agriculture
• Title 16. Conservation

• Title 21. Food and Drugs

Notable Federal Statues related to climate change include:

• Clean Air Act (CAA)
• Clean Water Act (CWA)
• Comprehensive Environmental Response, Compensation, & Liability Act (CERCLA)
• Endangered Species Act (ESA)
• Federal Insecticide, Fungicide & Rodenticide Act (FIFRA)
• National Environmental Policy Act (NEPA)
• Resource Conservation & Recovery Act (RCRA)
• Toxic Substance Control Act (TSCA)

Federal Legislation - Legislative History

For an in-depth understanding of the Congressional legislative process, check out Emory Law's Legislative History guide.

For general bill tracking, congressional hearings, committee reports, and other legislative proceedings and documents, take a look at the following sources:

• ProQuest Congressional: Emory-subscription access available to Emory students, faculty and staff.  PQ Congressional provides full-text federal congressional documents, including House and Senate reports, legislative histories, hearings and other congressional documents.
• Hein Online: Emory-subscription provides compiled legislative histories, the history of Congressional Bills and Resolutions through the Congressional Record Daily, and subject-specific legislative histories. 
• govinfo: The Government Printing Office’s digital library which provides public access to government information submitted by Congress and federal agencies. It is a great free resource for searching legislative history, presidential documents, the United States Code, the Federal Register, and the Code of Federal Regulations. 
• Congress.gov: provides free access to legislative history, bill tracking, treaties, and other congressional documents.

The Official Code of Georgia Annotated (O.C.G.A.) is the official compilation of Georgia law.  As an annotated code, the O.C.G.A. is an excellent resource for important judicial decisions and law reviews.  Laws can also be found in the unofficial West’s Code of Georgia Annotated.  The O.C.G.A (Lexis) and West’s Code of Georgia Annotated are available in print and located at MacMillan Law Library in the King and Spalding Room, 3^rd floor. 

Online access is available through Lexis, Westlaw, and Bloomberg Law.  Free online access is available through:

• Lexis (unannotated version only)
• Georgia General Assembly
• Secretary of State
• Fastcase: free access with GA bar membership; Emory subscription available to Emory students, faculty, and staff

Georgia's laws governing climate change include but are not limited to the following O.C.G.A. titles: 

• Title 12: Conservation and Natural Resources

Georgia Legislation

To review current or past Georgia legislation, bill tracking, and house and senate votes, visit the Georgia General Assembly online.   Georgia Laws, the compilation of Georgia’s session laws (the Acts & Resolutions of the Georgia General Assembly), is a multi-volume set and is available in print at MacMillan Law Library in the King and Spalding Room, 3^rd floor. 

Georgia’s session laws are also available online through:

• HeinOnline: (Georgia, 1735-2015)
• LLMC:  (1900-2008)
• Galileo:  (1799-1999)

Federal Administrative Law

The Federal Register and Code of Federal Regulations (C.F.R.) are located in print on the 3^rd floor of MacMillan Law Library.  Both are also accessible online:

• govinfo
• HeinOnline
• Lexis
• Westlaw
• Bloomberg Law

The following Code of Federal Regulation titles are notable for their focus on climate change issues.

• CFR - Title 10 - Energy
• CFR - Title 18 - Conservation of Power & Water Resources
• CFR - Title 30 - Mineral Resources
• CFR - Title 40 - Protection of Environment
• CFR - Title 43 - Public Lands & Interior

Georgia Administrative Law

The Rules and Regulations of the State of Georgia is the compilation of state agencies’ rules and regulations, including those related to juvenile justice.  Georgia's rules may be accessed in print or online.  While the print version does not have an index, online versions are searchable by the chapter or rule number, popular name or by agency.  The official looseleaf print version is located in the King and Spalding Room, 3^rd floor of the MacMillan Law Library. Free access is available to the unofficial online version from the Secretary of State’s website. 

Georgia rules and regulations are also accessible via 

• Lexis
• Westlaw 
• Bloomberg Law

Many federal agencies are involved in establishing rules and regulations related to energy, environment, and climate change law. The following agencies are generally involved in issues of climate change, energy, and environmental law, though the list is not exhaustive:

• Department of Agriculture
• Department of Commerce
• Animal and Plant Health Protection Service
• Council on Environmental Quality
• Department of the Interior
• DOD Environment, Safety, and Occupational Health Network & Information Exchange
• DOD National Defense Center for Energy & Environment
• DOD Office of the Asst Secretary of Defense for Energy, Installations, and Environment
• DOD U.S. Army Corp of Engineers
• DOD U.S. Army Environmental Command
• DOE Dept of Energy Efficiency & Renewable Energy
• DOE Office of Environmental Management
• DOE Office of Legacy Management
• Environmental Protection Agency
• National Forest Service
• National Oceanic & Atmospheric Administration
• Natural Resources Conservation Service
• NOAA Fisheries
• NOAA National Ocean Service
• NOAA Satellite & Information Service
• Nuclear Regulatory Commission
• Office of Science and Technology Policy

Many agencies also have adjudicatory powers. The following agencies provide administrative decisions and guidance related to climate change:

• Department of Energy (DOE)
• Department of the Interior (DOI)
• Environmental Protection Agency (EPA)
• Nuclear Regulatory Commission (NRC)

Federal Cases

U.S. Supreme Court cases are published in the official U.S. Reports and the Supreme Court Reporter.  Georgia is located in the 11^th Circuit and cases arising from federal law can be found in print federal reporters, along with other appellate court opinions published in the Federal Reporter and selected district court decisions published in the Federal Supplement.

U.S. Supreme Court and federal reporters are located on the 3^rd floor of MacMillan Law Library.  Court opinions are available online at HeinOnline (U.S. Reports collection), Lexis, Westlaw and Bloomberg Law.

Free online access to Supreme and appellate court decisions is also available, and includes the following:

• U.S. Supreme Court (2010 – present)
• govinfo (2004 – present)
• The Public Library of Law (Sup. Ct. 1754 – present;  1980 – present; and Fed. Circuits 1950 – present)
• Google Scholar
• FindLaw  (Sept. 2000 – present)
• Justia (Sup. Ct. 1759 - present; Fed. 11^th Circuit (GA) 1948 – present; District court cases - dates vary) 

Georgia Cases

Georgia Supreme Court and Court of Appeals cases are reported in the official Georgia Reports and Georgia Appeals Reports, respectively.  Georgia appellate court decisions can also be found in West’s Georgia Cases and the South Eastern Reporter.  Print versions of the aforementioned reporters, except the South Eastern Reporter, are located at MacMillan Law Library in the King and Spalding Room, 3^rd floor.  The South Eastern Reporter is located on the 3^rd floor, core 2.

Online access is available through Lexis, Westlaw, and Bloomberg Law.  Free online access is also available through:

• Georgia Supreme Court (2015 – present)
• Georgia Court of Appeals (2003 – present)
• The Public Library of Law (1997 – present)
• Google Scholar
• FindLaw:  Georgia Legal Research collection (1997 – present)
• Justia (1950 – present) 

Briefs Online

Federal court briefs are generally the easiest court documents to access but there are still limitations.  The following are commercial and freely available resources providing access to briefs from the U.S. Supreme Court, other Federal Courts and State Courts.

• Westlaw, Lexis and Bloomberg Law all provide varied access to court briefs at all levels.  
• For the U.S. Supreme Court, the following additional options are available:
  • The Making of Modern Law: U.S. Supreme Court Records and Briefs, 1832-1978 
  • SCOTUS Blog (2007-present)
  • American Bar Association: Preview of United States Supreme Court Cases - Briefs (2003-present)
• For Federal and State Court case briefs:
  • PACER is the case management system for the Federal Court system. Briefs, along with other case materials, dockets and calendars can be accessed using this fee-based system.  Coverage is generally limted to the early 2000-present.
  • Justia (federal court filings; links to PACER)
  • Keep in mind that court files may be the only source for some courts. 

See also LLRX Guide to Finding Briefs and Court Documents

Court Dockets 

Court Dockets provide an index of all filings in a given case.  Most courts at all levels now have some type of online docket presence.  For state courts, the court's web site may be your best bet for docket information.  However, for the U.S. Supreme Court and Federal Courts, there are other options.

• Westlaw, Lexis and Bloomberg Law all provide (limited) docket information.  
• U.S. Supreme Court website (current and prior term)
• United States Law Week, a publication from Bloomberg BNA, includes docket information, case opinions and news related to the activities of the U.S. Supreme Court. 
• PACER is the case management system for the Federal Court system. Briefs, along with other case materials, dockets and calendars can be accessed using this fee-based system.  Coverage is generally limited to the early 2000-present.

As for oral arguments of cases, the U.S. Supreme Court is the only court with an online presence in this area.

• U.S. Supreme Court website (2000-present with both audio and transcripts)
• Oyez (IIT Chicago Kent College of Law; recordings and other documents; 1972-present)

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