•   Environmental Treaties and Resource Indicators
Center for International Earth Science Information Network, Palisades, NY
Links to information about: treaties regarding land use/land cover change and desertification, global climate change, ozone depletion, transboundary air pollution, conservation of biological diversity, deforestation, oceans and their living resources, trade and the environment, and population. http://sedac.ciesin.org/pidb/pidb-home.html

•   Federal Register--Environmental Documents
Environmental Protection Agency
Searchable database of the EPA Federal Register regarding environmental documents.
http://www.epa.gov/fedrgstr/

Executive Office of the Governor

Government Telephone Directory

Florida Department of State

Florida Corporations Public Access Database

Florida Department of Business & Professional Regulation

Florida League of Cities-CityLinks

JOSHUA - Judicial Online Superhighway User Access System

Court-Approved Legal Forms & Rules

Opinions

Comprehensive legal sites

Pace Virtual Environmental Law Library
Pace University School of Law

Legal Information Institute
Cornell University Law School
              Environmental Law: An Overview

FindLaw: Environmental

The Center for Information Law and Policy
The Center for Information Law and Policy has been a joint initiative of the Villanova University School of Law and the Illinois Institute of Technology's Chicago-Kent College of Law. As this joint initiative ends, the
responsibility for continuing portions of its work and housing its archives will be administered directly by the library staff of both law schools. These projects are located as follows:
     Villanova  (Federal and State Courts Locator) 
     Chicago-Kent (Federal Web Locator)  (State Web Locator)   

Bar Associations

Florida Bar

The 65,521 members of The Florida Bar represent all lawyers licensed to practice in Florida. FLABAR ONLINE is designed to serve those members, the legal profession and the public.

FLABAR ONLINE - the Florida Bar Association.

•  Florida Bar Journal Articles  
            Table of Contents 


•   environmental and land use law section of florida bar  
     elul links  http://www.eluls.org/links.html

Florida Attorney General

Home page of Attorney General Bob Butterworth's office.

Advisory legal opinions

Courts - Federal

11th Circuit Court of Appeals     
Has opinions since November 1994. Also has civil and criminal pattern jury instructions. 
http://www.ca11.uscourts.gov/

Opinions  http://www.ca11.uscourts.gov/opinions/index.php

FindLaw recent 11th circuit opinions     http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=11th&navby=year&year=recent  

United Stated District Court, Southern District of Florida   
Includes local rules, filing requirements, PACER access, jury information.   
http://www.flsd.uscourts.gov

 

 

Courts -  Florida

All Florida State Courts, including Supreme Court

FindLaw Florida Supreme Court Decisions, 1995 - 1999

Georgetown Florida legal site

•  Florida Supreme Court Briefs and Opinions
Florida State University College of Law web site
http://www.law.fsu.edu/library/flsupct/index.html

United States District Court, Southern District of Florida

DOAH Cases

Florida Division of Administrative Hearings

Statutes - Federal

•   Major Environmental Laws
Environmental Protection Agency
Texts, summaries and guides to significant U.S. environmental education.
http://www.epa.gov/epahome/laws.htm

•   Legislative Watch
National Resources Defense Council, New York, NY
Bulletin on Environmental Legislation, a biweekly report on environmental bills in Congress.
http://www.nrdc.org/legislation/legwatch.asp

•   History of the Clean Water Act
Natural Resources Defense Council, New York, NY
Brief history of Federal Water Pollution Control Act, 1972, better know as the Clean Water Act.
http://www.epa.gov/region5/water/cwa.htm

•   Laws, Treaties and Legislation
National Wilderness Institute, Washington, D.C.
Links to a wide range of environmental legislation, such as the Endangered Species Recovery Act of 1997, The Eagle Protection Act, and more.
http://www.nwi.org/LawsTreatiesLegis.html

Office of the Law Revision Counsel
The Office of the Law Revision Counsel prepares and publishes the United States Code, which is a consolidation and codification by subject matter of the general and Permanent laws of the United States.

Thomas  -  U.S. Library of Congress

U.S. House of Representatives - U.S. Code

Code of Federal Regulations

GPO Databases

1995 - 1999 Federal Register

Congressional Record

U.S. Senate

U.S House of Representatives - 105th Congress

EPA Environmental Appeals Board

Natural Resources Defense Council's Legislative Watch

Specific to the Everglades


US Code:  Title 16, Section 410j  
Acquisition of land, water, and interests therein; consent of owner; reservations, January 24, 1994

US Code:  Title 16, Section 410  
Establishment; acquisition of land, January 24, 1994

US Code:  Title 16, Section 410r-5  
Findings, purposes, and definitions, January 16, 1996

45 Stat. 1443,  4.  Everglades National Park    
An Act To authorize the Secretary of the Interior to investigate and report to Congress on the advisability and practicability of establishing a national park to be known as the Tropic Everglades National Park in the State of Florida, and for other purposes, approved March 1, 1929 (45 Stat. 1443) Statute: (45 Stat. 1443)

48 stat 816, 6.  Everglades National Park project  
An Act To provide for the establishment of the Everglades National Park in the State of Florida, and for other purposes, approved May 30, 1934
(48 stat 816)

FindLaw: Environmental Laws

•   Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (P.L. 101-646)
U.S. Fish and Wildlife Service, Dept. of the Interior
Text of the Act.
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990

•   Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371-3378)
U.S. Fish and Wildlife Service, Dept. of the Interior
The Lacey Act was originally passed in 1900, and " provides authority to the Secretary of the Interior to designate injurious wildlife and ensure the humane treatment of wildlife shipped to the United States. Further, it prohibits the importation, exportation, transportation, sale, or purchase of fish and wildlife taken or possessed in violation of State, Federal, Indian tribal, and foreign laws."  Text of the Act.
http://laws.fws.gov/lawsdigest/lacey.html

•   Wildlife Laws
U.S. Fish and Wildlife Service, Dept. of the Interior
Statute summaries from the Federal Wildlife and Related Laws Handbook.
http://www.fws.gov/

•   Migratory Bird Treaty Act
U.S. Bureau of Reclamation, Dept. of the Interior.
The Migratory Bird Treaty Act "protects all common wild birds found in the United States except the house sparrow, starling, feral pigeon, and resident game birds such as pheasant, grouse, quail, and wild turkeys.  "Text and related links
Migratory Bird Treaty Act of 1918

•   National Environmental Policy Act of 1969
University of Connecticut
Links to the text of the NEPA, 1969, and related materials.
http://ceq.eh.doe.gov/nepa/regs/nepa/nepaeqia.htm

•   Resource Conservation and Recovery Act (RCRA)
Cornell University
Text of the Act.
http://www4.law.cornell.edu/uscode/42/ch82.html

•   "Swampbuster", 1990 Food, Agriculture, Conservation and Trade Act
U.S. Fish and Wildlife Service, Dept. of the Interior
Swampbuster reduces the incentives to convert wetlands to croplands by denying eligibility for almost all farm program benefits.  Text.
http://www.rice.edu/wetlands/Reports/R4_4.html

House Bills

Senate Bills

Statutes - Florida

Online Sunshine  
The Official Guide to State of Florida Legislature

Florida Statutes and Constitution

Specific to the Everglades

Advisory Opinion To the Governor - 1996 amendment 5 (Everglades) no. 90,042  Supreme Court of Florida, November 12, 1997

1996 Amendments and Referenda on General Election Ballot  Supervisor of Elections Brevard County, Florida  (amendment 4, amendment 5, amendment 6) , as of September 24, 1996

            Florida Audubon Society Florida Legislative Updates

•   Florida Mangrove Laws
Mangroves Unlimited, Ft. Lauderdale, FL
Links to Florida mangrove laws. Alteration of mangroves, permit requirements, professional mangrove trimmers, mangrove protection rule. http://www.floridaplants.com/mangrove.htm

Online Sunshine - Official Guide to the State of Florida Legislature.

Florida Statutes & Constitution

Florida Law Online -template searching of cases, statutes, directories, and more.

Florida Administrative Weekly has proposed rules, regulations, public meeting notices & bid announcements

Case Law

FindLaw: Case Code

DOAH Cases

Regulations

•  Alligators and Litigators : A Recent History of Everglades Regulation and Litigation
by Keith W. Rizzardi
Fla. B. J., March 2001 
To many Florida lawyers, litigation in the Everglades seems as old as the Everglades itself. Its history can be traced back to the 1800s when Hamilton Disston and Henry Flagler were draining, dredging, and filling Florida's land while fighting in the courts with shareholders, speculators, and state land administrators.  The modern history of litigation in the Everglades is dominated by agricultural interests, environmental interest groups, the Miccosukee Tribe of Indians, and state and federal agencies. Along the way, important precedents have been created, affecting the Everglades as well as Florida administrative and environmental law in general.
Copyright  © 2001  The Florida Bar Journal 

•  Columbia Online Style: MLA-Style Citations of Electronic Sources 
Citation styles developed by Janice Walker (University of South Florida) and 
endorsed by the Alliance for Computers and Writing (ACW).
http://www.columbia.edu/cu/cup/cgos/idx_basic.html

•  Yahoo listings for "Internet Citation" - Links to several online citation 
Web sites 
http://dir.yahoo.com/Social_Science/Linguistics_and_Human_Languages/Languages/Specific_Languages/English/

• Yahoo listings for Writing for the Web
Collection of cites with general advice about writing and publishing online
http://dir.yahoo.com/Social_Science/Communications/Writing/Writing_for_the_Web/

Law Firms 

       •  Everglades-related litigation

Skadden Arps

Peeples Earl

Hopping Boyd

       •  Environmental practice

Holland & Knight

Greenberg Taurig

Steel Hector

Law Schools

FindLaw:   Law Schools

Boalt Hall (University of California at Berkeley)
Columbia Law School
Cornell Law School
Duke University School of Law    
New York University School of Law
Pace University School of Law

•  USC list of law journals
http://lawweb.usc.edu/library/resources/journals.html

•  St. Thomas Law School
http://www.stu.edu/lawschool/

•  Nova Southeastern Shepard Broad Law Center 
http://www.nsulaw.nova.edu/

•  Florida Coastal School of Law 
http://www.fcsl.edu/

•  Florida International University Law School

•  University of Florida Levin College of Law 
http://www.law.ufl.edu/

•  Florida State University College of Law 
http://www.law.fsu.edu/

•  Stetson University College of Law 
http://www.law.stetson.edu/

Law Journals

Environmental

Buffalo Environmental Law Journal   (SUNY)
Ecology Law Quarterly    (Boalt Hall)
Georgetown International Environmental Law Review  
Harvard Environmental Law Review
Hastings West Northwest Journal of Environmental Law and Policy
Journal of Environmental Law     (Oxford University Press)
NYU Environmental Law Journal
Pace Interactive Earth Law Journal
Tulane Environmental Law Journal


General

FindLaw: Environmental Law Journals

Florida State University Law Review

              Florida Bar Journal Articles            
              Table of Contents 

Journal Articles

Everglades Restoration:
Forging New Law in Allocating Water for the Environment      
Mary Doyle & Donald Jodrey   
8 Environmental Lawyer 255-302 (2002).

The Florida Everglades rely on a complex web of water resources that
include both natural and man-made sources and controls.  Ever since an Army
Corps of Engineers flood control project debuted over fifty years ago,
Floridians have been forced to balance competing environmental and
developmental interests in the allocation of water rights.  Because state
efforts to reserve water for the preservation of the Everglades ecosystem
over the past thirty years were recognized as ineffective, federal and
state actors crafted an innovative legislative solution that is designed to
maintain the availability of water for existing state needs while creating
the infrastructure necessary to provide additional water for the
restoration and protection of the Everglades.  Although the plan will
develop over the next thirty-plus years, making evaluation of its
effectiveness difficult, there are a number of intermediate yardsticks by
which the plan’s progress can be measured.

In this Article, Mary Doyle and Donald Jodrey draw upon their experience at
the United States Department of the Interior to describe the political,
legal, and legislative factors that shaped the plan, and offer their
analysis of the vital elements of the plan as it connects the present
political landscape with the future of the Everglades.  The authors review
the history of Florida’s efforts to provide sufficient water resources for
competing state interests, and introduce the Clinton Administration bill
that would spur recognition and discussion of the environmental issues at
stake.  The Article focuses on the bill’s creation of “assurances” of water
resources and the role of various state and federal actors in allocating
them to meet the conflicting demands of various stakeholders without losing
sight of the purpose of the bill, to create and provide additional water
for the preservation, restoration, and protection of the Everglades.  The
authors highlight the key events and procedures that will indicate whether
the plan is progressing, and evaluate the initial indicators with guarded
optimism.

**Full texts of articles and notes are available on both Lexis and Westlaw
or by contacting The Environmental Lawyer.

8 Environmental Lawyer 255-302 (2002).
http://www.law.gwu.edu/stdg/envlwr/doyle8-2.htm

 

•   Everglades Symposium Issue  
Introduction
J. Allison DeFoor, II and Jennifer L. Fitzwater                  
13 St. Thomas L. Rev. 641 (2001).   

•   "This Time for Sure" - A Political and Legal History of Water Control Projects in Lake Okeechobee and the Everglades    
David G. Guest 
13 St. Thomas L. Rev. 645 (2001).   

•   The Everglades Ecosystem: From Engineering to Litigation to Consensus-Based Restoration   
John J. Fumero and Keith W. Rizzardi                 
13 St. Thomas L. Rev. 667 (2001).   

•   Good Science or Myopia:  Will the 1991 Everglades Settlement Lead to an Optimal Restoration or Will Phosphorus Reductions be Taken Too Far?              
William H. Green and Gary V. Perko                         
13 St. Thomas L. Rev. 697 (2001).   

•   Miccosukee Wars in the Everglades: Settlement, Litigation, and Regulation to Restore an Ecosystem                                 
Alfred R. Light                       
13 St. Thomas L. Rev. 729 (2001).   

•   The Miccosukee Indians and Environmental Law:  A Confederacy of Hope
By William H. Rodgers, Jr.
Two legal orphans have found each other: The older one is "Indian Law," a confused, embarrassing, and twisted body of legal rules that "explain" the relationships between the United States and its native peoples.  The newer one is: "Environmental Law," a complex and jumbled stew of cases and statutes that "prescribe" proper behavior between modern Americans and the natural world.  Both these children of the law are suspected of subversion - the one is tainted by advocates of separate sovereignties - the other by critics of the American way of life.  For Native Americans and environmentalists, their recent legal merger is a confederacy of hope and opportunity and of revival - for the tribes themselves and for others in the world who want to save parts of nature that are left.  The tribes are senior partners in this native-enviro confederacy.  This Article examines what they bring to the alliance in the context of the efforts of the Miccosukee Tribe to preserve the Everglades.
© 2001 ELR      31 ELR 10918  pdf format 
 

•   Ecosystem Management in the Everglades, 
Prof. Alfred R. Light, St. Thomas University School of Law
14 Nat. Resources & Env"t ___ (2000).

•   Alligators and Litigators : A Recent History of Everglades Regulation and Litigation
Keith W. Rizzardi
To many Florida lawyers, litigation in the Everglades seems as old as the Everglades itself. Its history can be traced back to the 1800s when Hamilton Disston and Henry Flagler were draining, dredging, and filling Florida's land while fighting in the courts with shareholders, speculators, and state land administrators.  The modern history of litigation in the Everglades is dominated by agricultural interests, environmental interest groups, the Miccosukee Tribe of Indians, and state and federal agencies. Along the way, important precedents have been created, affecting the Everglades as well as Florida administrative and environmental law in general.
Fla. B. J., March 2001 
Copyright  © 2001  The Florida Bar Journal 

•   ST. Johns River Water Management District v. Consolidated-Tomoka Land Development Co.: Defining Agency Rulemaking Authority Under The 1996 Revisions To The Florida Administrative Procedure Act
By Martha C. Mann
In 1996 the passage of the much-anticipated amendments to Florida's Administrative Procedure Act (APA)[1] set the stage for a notable controversy surrounding the authority of state administrative agencies to promulgate rules. The amendments decidedly changed the prevailing standard for determining whether the Florida Legislature had properly delegated authority to administrative agencies. The revised APA rejected the long-applied standard that an administrative rule would be deemed valid if it was "reasonably related to the purposes of the enabling legislation and [was] not arbitrary or capricious."[2] The revised statute required more in that "[a] grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be implemented is also required. An agency may adopt only rules that implement, interpret, or make specific the particular powers and duties granted by the enabling statute."[3]
© 1999 Florida State University Law Review, Volume 26, No. 2 (Winter 1999)
Go to article

•   Environmental Law   
W. Scott Laseter
Perhaps in recognition of the growing prevalence of environmental issues in the day-to-day practice of law, this Article departs from the two-year survey period of its predecessors¹ by covering only decisions handed down during 1997. Nonetheless, the survey period saw several interesting cases reach the Eleventh Circuit, including the appeal of a sua sponte assault on the constitutionality and retroactive application of the Comprehensive Environmental Response, Compensation, and Liability Act² and an effort to use the Migratory Bird Treaty Act to block timber harvest in a national forest.³ Further, the survey period saw the continued emphasis on citizens' suits, the use of the Environmental Protection Agency's enforcement power to repair wetlands, and the use of criminal provisions to enforce federal environmental law.⁴

In terms of organization, this Article begins with a discussion of the decision under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"),⁵ then reviews three cases decided under the Clean Water Act ("CWA"),⁶ and concludes with a discussion of the Eleventh Circuit's first opinion on the Migratory Bird Treaty Act ("MBTA").⁷    
© 1998 Mercer Law Review, 1998; Vol. 49, No. 4          
Go to article



•   Environmental legislation and the problem of collective action
By Robert V. Percival
9 Duke Envtl. L. & Pol'y F. 9 (1998)      
It is much easier to understand why environmental laws are needed than it is to comprehend how they came to be adopted. Whether described as a "tragedy of the commons," a problem of externalities, or a free-rider problem, the reasons why the marketplace alone will not provide sufficient clean air, clean water, and other public goods are well understood. 
© 1998 Duke Environmental Law & Policy 
Go to article

•   The Myth of Everglades Settlement, 
Prof. Alfred R. Light, St. Thomas University School of Law
11 St. Thomas L. Rev. 55 (1998).   

•   Ecosystem Management in the Clinton Administration          
George Frampton   
7 Duke Envtl. L. & Pol'y F. 39 (1996).   

•   Sharing the Cup: A Proposal For The Allocation of Florida's Water Resources
By Ronald A. Christaldi
Florida's population has grown immensely over the past forty years.[1] The state's warm climate and extensive beaches have attracted new citizens from across the nation. By the year 2000, Florida's population is expected to surpass fifteen million.[2] Because water is a basic necessity for human existence, this increase in population has led directly to an increase in the consumptive use of water.[3] Florida has a seeming abundance of water;[4] it receives an average of 175 billion gallons per day.[5] In addition, Florida's aquifers[6] contain more than a quadrillion gallons of water, which is 30,000 times the average daily discharge of Florida's thirteen largest rivers.[7] Florida has 1700 streams and rivers and 7800 freshwater lakes.[8] Yet, Florida withdraws only 18 billion gallons of water per day,[9] only 7.5 billion gallons of which are fresh water.[10]
© 1996 Florida State University Law Review, Volume 23, No. 4 (Spring 1996)
Go to article


•   The regulation of deep-well injection:
A changing environment beneath the surface
By Earle A. "Rusty" Herbert
"America's journey to environmental awareness has been a relatively recent one. Not so many years ago, Americans were still living under the illusion that a land as vast as ours was blessed with indestructible natural resources and beauty."(2) The illusion could not last, and reality has set in. The economic and population growth of the nation and the improvements in the standard of living enjoyed by its citizens require increased industrial production. Technological progress and improvements in methods of manufacturing, packaging, and marketing of consumer products result in an ever-increasing mass of waste, including hazardous waste.(3) Regardless of the waste disposal technology utilized, under the right conditions, waste or constituents of wastes, particularly liquid wastes, migrate.
© 1996 Pace Environmental Law Review, Volume 14, Fall 1996, No. 1.  
Go to article

•   Property Rights and Growth Management in Florida: Balancing Opportunity and Responsibility in a Changing Political Climate
by Michael Murphy
A working growth management system can and will separate urban and rural areas in a way that protects open space, farmland, water recharge areas, wetlands and our sensitive coastal areas, and yet provide the land, density, and infrastructure needed for residential, commercial and industrial development.
© 1996 Pace Environmental Law Review, Volume 14, Fall 1996, No. 1.  
Go to article

•   Using Property Rights to Attack Environmental Protection
by Joseph L. Sax
THE SECOND ANNUAL LLOYD K. GARRISON LECTURE ON ENVIRONMENTAL LAW.  Conducted at Pace University School of Law, April 23, 1996
My subject is how a quarter century of development in environmental protection is jeopardized by ill-conceived legislative proposals that purport to protect property rights. Those proposals - sometimes directly, sometimes indirectly - particularly target two important but controversial environmental programs, governance of wetland development under the Clean Water Act (CWA), and the Endangered Species Act (ESA).
© 1996 Pace Environmental Law Review, Volume 14, Fall 1996, No. 1
Go to article

•   The Best Laid Plans: The Rise and Fall Of Growth Management In Florida
by Mary Dawson
Florida's Growth Management Act of 1985 (Growth Management Act) was implemented by the adoption of local government comprehensive plans which were based on the expectation that land use amendments would receive deferential review by the courts.
© 1996 Journal of Land Use & Environmental Law. 
Go to article

•   Adding a Statutory Stick To The Bundle Of Rights: Florida's Ability To Regulate Wetlands Under Current Takings Jurisprudence and Under The Private Property Rights Protection Act Of 1995
The controversy regarding the preservation of wetlands involves two diametrically opposed and equally important interests: the maintenance of Florida's sensitive ecology and the continued increase in Florida's population.
© 1996 Journal of Land Use & Environmental Law.  
Go to article

•   Everglades Restoration: A Constitutional Takings Analysis
by Sharon S. Tisher
© 1994 Journal of Land Use & Environmental Law.  Volume 10, Fall 1994, No. 1
Go to article

 

•   Judicial Federalism in Action: Coordination of Litigation in State and Federal Courts            
William W. Schwarzer, Nancy E. Weiss, Alan Hirsch
Virginia Law Review, Vol. 78, No. 8, National Conference on State-Federal Judicial Relationships (Nov., 1992), pp. 1689-1751
doi:10.2307/1073428
This article consists of 63 page(s).

•   Protection of the Everglades Ecosystem: a Legal Analysis
by Jamieson
6 Pace Environmental Law Review 24 (1988)
© 1988 Pace Environmental Law Review.
      

Advocacy

Earthlaw
Public interest, environmental law group founded in 1993 by a group of environmental lawyers committed to the West and to using the unique skills of the legal profession to address the West's environmental problems. Earthlaw was created to use the power of the law and of lawyers to protect the ecosystems and the people of the West.

          Florida Public Interest Research Group

•   National Strategy for Invasive Plant Management
U.S. Department of the Interior
Description of a national strategy for invasive plant management. http://ficmnew.fws.gov/page11.html

Credit:

Everglades photograph courtesy Philip Greenspun