Researching Environmental Law: Non-Legal Sources: Policy Information

Much of law school focuses on primary sources - case law, statutes, regulations - but these sources may only be a part of what you need to research, either in school or while practicing. This is particularly true for areas involving administrative law, where you will need to be familiar with primary sources plus administrative procedure, interpretive rules, and the policy-making process for starters. This is especially true for an area like environmental law, where policies are steeped in science. Administrative procedure is beyond the scope of this guide, but there are resources and classes concerned with it. For more information on interpretive rules, see the Regulations and Interpretive Rules page. 

Keep in mind that administrative agencies use the term "policy" in all of its potential definitions. There are policies that affect the operation of day to day business such as a personnel policy - this we won't discuss. There are policies that discuss how the agency views a regulation - what the agency thinks employees and those affected should do in order to comply with regulations. For agency policies that fit this definition, see the Regulations and Interpretive Rules page.

Then there are public policies that reflect the direction of the agency and problem-solving approaches. This definition is what we will discuss here. Making public policy is part of the law-making process conducted by governmental agencies and interested parties. Laws reflect and are a statement of governmental policy. Understanding public policy can be crucial in administrative law because implementation and enforcement of laws and regulations is done by administrative agencies. Lawyers may work to create or implement policies within government agencies. Under judicial review of agency actions, lawyers may also have to argue whether a regulation sufficiently reflects its underlying policy as created by Congress. (For more on this aspect, consult an administrative law resource.)

Here are a few definitions for context. 

• "Policy making: It is difficult to distinguish policy from politics: in fact, the French word politique can be translated as either. Policy formation is the core of the political process . . . Policy making can cover all that goes on in relation to one issue or set of issues before reaching the desks of the legislative draftmen. . . .At the early stage of policy making objectives may be stated in a very general way. To provide the details needed for a legislative proposal much will depend on the specialized knowledge required. The expertise might be highly technical, as with financial policy, or it might be that of practitioners, as with legislation about safety regulations in deep mines." (Bealey, p. 246, 1999)
• "Policy Process: . . . The policy process is immensely complex, involving major and minor agencies of government, pressure groups, clientele groups, members of Congress, and countless bureaucrats. In general, the policy process involves (1) perceiving and defining a problem; (2) placing the problem on the government agenda; (3) aggregating interests involved in the problem; (4) maintaining contacts with those involved; (5) formulating alternative solutions; (6) legitimizing a policy; (7) providing the necessary budget for implementing the policy; (8) implementing the policy; (9) evaluating the policy; and (10) deciding either to revise or to terminate the policy in view of its impact on relevant clientele. Other elements are involved in the policy process as well. In general, it is the process by which goals and priorities are actually translated into policy. Thus, we may speak of national security policy, foreign policy, tax policy, and so on." (Krusche, p. 29, 1987).
• "Policy Statements: Formal expressions of government goals through legislative statutes, administrative rules and regulations, court opinions, and other articulations. Policy statements are the stated signs and intentions of government with methods of accomplishing established goals and priorities.
  • Significance: Policy statements are not always clear manifestations of government intentions. In many instances, the courts are requested to interpret the meaning or intent of a statute or rule. Policy statements are the formal and legitimate means of learning of government intentions. Policy statements are occasionally used as a means of glossing over issues without completely ignoring their significance. Many international leaders use policy statements to acknowledge a certain problem without really committing a government to action regarding that problem." (Krusche, p. 61-62, 1987). 
• "Policy analysis: . . . Analysis concentrates on programmes, is often interdisciplinary and takes a comparative approach, either between different countries of between different policy areas. The study of policy making has become a major interest of political scientists, especially those involved in the area of public adminstration." (Bealey, p. 245, 1999)

Frank Bealey & Allan G. Johnson, The Blackwell Dictionary of Political Science : A User's Guide to Its Terms (1999). (Online access for Loyola community members.)

Earl R. Kruschke & Byron M. Jackson, The Public Policy Dictionary (1987). (Available in the Law Library.)

Policy-making is about solving problems, which means almost any resource can be useful for policy making so long as it is relevant, accurate, and reliable. Much of this research is conducted online now. If a website does not provide information about their organization, where they look to for factual information, and potentially even their funding, then it may not be a reliable source. If you are not sure, consult a librarian because information professionals are trained in ascertaining legitimate information sources.

The rest of this page overviews just a few of the helpful resources in environmental policy.

Those who cannot remember the past are condemned to repeat it.

George Santayana, The Life of Reason; or, The Phases of Human Progress (1905).

Books and journal articles are some of the best places to find historical materials. They will provide analysis and often review or reproduce original historical documents. Many legal treatises will start with a chapter summarizing the field of law, including its historical evolution. Loyola members can check out books from the Law Library, the main university library Monroe, and Tulane Law Library. Use the library catalogs to search for books and related materials:

1. Loyola Law: https://lall.ent.sirsi.net/client/en_US/loynolaw/
2. Monroe Library: http://library.loyno.edu/
3. Tulane Law: http://library.law.tulane.edu/
4. Tulane Main Library: https://library.tulane.edu

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