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Researching Environmental Law: Research Techniques

How do I find what I don't know?

Consult secondary sources, especially treatises, services, nutshells, etc.

They frequently reference primary sources and may even reproduce the cases/treaties you are looking for. It is important to start with secondary legal sources in order to find primary authority, the authoritative law source. Secondary sources are used to evaluate findings, analyze, and draw conclusions. The Internet is an important source and should be used carefully. The best web sites have authoritative information, are consistent, and are constantly updated. If you are unsure about the authenticity of a website, check with a reference librarian or just don't use it.

You should become familiar with well-known resources in your field, which may be available in print and online. Some important resources in the environmental field are Environmental Law Handbook available in the library; Treatise on Environmental Law in the library or on Lexis Advance; and Rodgers Environmental Law 2d in the library or on Westlaw. 

There are also treatises that are more subject-specific and/or practice oriented, such as Law of Wetlands Regulation (in print and Westlaw). This is also true for state-specific materials. A great resource for practitioners in Louisiana is Louisiana Environmental Compliance, a part of the Louisiana Practice Series, available in the library or on Westlaw. 

Environmental law is a rapidly changing field so it is critical to keep up-to-date. In addition to having current treatises, check current awareness services such as Environment Reporter or E &E Publishing.

Resources may be online or in print.

In addition to your Westlaw, Lexis, and Bloomberg accounts, the Library provides a large range of online resources, and so does the main campus library. 

You can utilize the Law Library catalog to search for all print materials.

 

Speak to a law librarian. 

We can help you find what you’re looking for, and it is our job to do so; feel free to contact one of the reference librarians listed in the library directory.

Basic Research Steps

  1. Plan and think! Know the question you are researching. Keep track of how you research and what you find to ensure you don't repeat yourself. Use research plans and logs to help you stay organized and be able to quickly respond to questions about the status of your research.

  2. Use secondary sources! Remember non-legal sources and legislative history-type information! This can include working papers, newspapers, committee reports, etc. They frequently reference primary sources and may even reproduce the cases/treaties you are looking for. It is important to start with secondary legal sources in order to find primary authority, the authoritative law source. Secondary sources are used to evaluate findings, analyze, and draw conclusions. The Internet is an important source and should be used carefully. The best web sites have authoritative information, are consistent, and are constantly updated. If you are unsure about the authenticity of a website, check with a reference librarian or just don't use it. 

  3. Find primary sources! Statutes, regulations, and cases. Do you need an authentic or official version? Do you prefer print or electronic? Use a citator to ensure your law is still valid. 

  4. Know when to stop! Have you answered the question? Are you finding the same/similar information over and over again?

  5. Asking/looking for help! The librarians are really, really here for you. If you still don’t want to talk to a person, then search for other research guides. Remember, you do not need to reinvent the wheel – most research has been done in some manner before and others have already put the work in. 

Research Logs and Plans

Research logs and plans are often used in Advanced Legal Research courses. Logs keep track of every research step, and plans keep research on-track while providing guidance. As you become more familiar with areas of the law and more comfortable as an attorney, you probably won't need to keep track of your research in this way. But until you reach that point, it's a good idea to keep yourself organized and track your work in this way. If you fail to find what you need the first time, you can ensure you don't repeat the same mistakes. You can also account to an associate or supervisor for the work you have done. How you plan and track your work depends on what works best for you, but here are some suggestions.

Research Plan Suggestions

  • Factual analysis: Be sure you understand the what, who, when, where, and why of your assignment. 
  • Identify the potential issues based on the factual analysis.
  • Identify potential follow-up questions. 
  • Note the area of law and jurisdiction.
  • Draft key search terms and phrases. 
  • Identify the types of sources you need to search and how you might access them.

Rombauer Method: Another Planning Tool

  • Preliminary analysis
    • Identify relevant facts
    • Spot issues
    • Identify controlling jurisdiction
    • Draft key terms and search phrases
  • Knowledge assessment
    • Identify what you know and what you need to know
    • Consult secondary sources for an overview
    • Identify relevant sources you have access to for your research
  • FInd sources
    • Statutes and regulations 
    • Cases - mandatory and persuasive
  • Refine analysis, update, and confirm research

Research Log Suggestions

Each time you locate and read a source, keep track of:

  • Date you completed the research.
  • Name of the source.
  • Location of the source (either in print or where in a database it can be found).
  • Search queries/terms used; note if you found a source using a previous source.
  • Findings/value of the source. How does this relate to the issue you identified in your plan?
  • Next steps or citations found.
  • Currentness of the source - to ensure you are using the most up-to-date materials.

Guidance on Efficient Research

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Copyright

All original content copyright 2022 Loyola University New Orleans College of Law Library. This guide may be used for educational purposes, as long as proper credit is given. This guide may not be sold. Requests to republish or adapt a guide should be directed to the Library Director. Proper credit includes the statement: Written by, or adapted from, Loyola University New Orleans Law Library.