Section of Environment, Energy, and Resources
American Bar Association
The Year in Review Guidance
Prepared for Vice Chairs and Contributors to the
2014 Edition of The Year in Review
September 2014
www.ambar.org/EnvironYIR
1
Introduction
2014 THE YEAR IN REVIEW
The Year in Review (YIR) is an annual publication of the American Bar Association’s
Section of Environment, Energy, and Resources prepared in collaboration with The
University of Tulsa College of Law, whose students provide invaluable editing and cite
checking for each edition.
On a calendar year basis, YIR provides broad coverage of the changes in law and current
events in our Section’s areas of practice. All substantive committees have the opportunity
to submit a chapter. A committee’s submission is developed by the YIR vice chair(s)
appointed specifically to oversee the preparation of the chapter. Multiple authors
contribute to most chapters. These contributions are then collected and edited by the vice
chair(s) and then submitted to the student editors at the University of Tulsa for final
editing. Chapters for the 2014 YIR are due January 5, 2015.
The Chair of the Special Committee for YIR in the 2014–15 ABA year is Mary Ellen
Ternes, and the Vice Chair is Erin Potter Sullenger. The Chair coordinates chapter
preparation and serves as a resource to committees as committee members produce their
chapters for the 2014 edition of YIR. The Vice Chair assists the Chair, reviews draft
chapters, and coordinates closely with the YIR Editor in Chief. The faculty advisor for YIR
is Professor Robert Butkin of The University of Tulsa College of Law. Professor Butkin
supervises the editing by student journal editors and staff within the College of Law. The
student Editor-in-Chief for the 2014 YIR is Tara Williams. The student editors and staff
edit and cite check the manuscripts and prepare them for final formatting and publication.
With the 2012 edition, YIR became an electronic-only publication. The electronic-only
publication offers many exciting outcomes, e.g., multiple versions for mobile devices,
links to opinions and reference material, and important financial savings for the Section.
YIR vice chairs were asked to include hyperlinks to certain court opinions and statutes,
beginning with the 2011 edition.
A major substantive change in the 2012 edition was the requirement that hyperlinks be
created from the name of a case, statute, bill or other important document in the text to the
source document (rather than in the footnote). We would like to keep this process the
same for the 2014 edition. See Appendix 3, page 18, for detailed information.
Please be sure your chapter contributors have the necessary information from this
Guidance. We are providing a Word version of this Guidance in the event you desire to
send certain portions to your chapter contributors.
Thank you for your work in preparing the chapters for inclusion in YIR. The publication is
reflective of your exceptional professionalism and practice area expertise.
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September 2014
Dear Year in Review Participant:
The time is approaching to compile the 2014 The Year in Review publication of the ABA
Section of Environment, Energy, and Resources. I serve as faculty advisor to The Year in
Review, and the student Editor-in-Chief, Ms. Tara Williams, and I thank you for your
willingness to work with us over the next six months to produce this excellent legal
summary.
This year’s publication marks the thirty-first annual summary of current developments in
energy, environmental, and natural resources law. The publication provides the single
most valuable compilation of recent information about these fields, and is widely relied on
by practitioners, academics, government officials, and members of the judiciary. Its
circulation reaches nationwide and many foreign countries. Annually, members of
individual Section committees, who contribute articles in their respective areas of
expertise, provide the outstanding content.
I want to take this opportunity to express my thanks to the ABA and the Section for their
long-standing partnership with The University of Tulsa College of Law. Our students who
edit The Year in Review have benefited through the years by the opportunity to work
closely with Section members and the ABA’s professional staff. This partnership has
permitted our students to improve their organizational, editing and management skills, and
even more importantly, has exposed our students each year to cutting edge developments
in the fields of energy, environmental, and resource law and policy. You will be pleased to
know that many student alumni of The Year in Review have gone on to distinguished
careers in these fields.
We look forward to continuing our tradition of excellence with another outstanding issue
of The Year in Review.
Robert A. Butkin
Professor of Law
Faculty Advisor, The Year in Review
University of Tulsa College of Law
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TABLE OF CONTENTS
2014 THE YEAR IN REVIEW
Introduction
2
Letter from Prof. Robert A. Butkin
3
Contacts
5
Schedule
6
Guidelines
7
Overview of the Production Process
7
Teamwork
7
Optional Draft
7
Final Submission Deadline: January 5, 2015
8
Chapter Page Allocations
8
Chapter Preparation & Formatting
9
Electronic Publication & Hyperlinks
9
Vice Chair Review of Student Edits
9
Copyright Privileges
9
Appendix 1: Committee Page Allocations
11
Appendix 2: Writers’ Guidelines
13
Appendix 3: Questions & Answers: Hyperlinking
17
Appendix 4: Hyperlinking Citation Guide & Resources
22
Appendix 5: Style Manual
27
4
CONTACTS
2014 THE YEAR IN REVIEW
University of Tulsa College of Law
Student Editor-in-Chief for The Year in Review: For information regarding formatting of
The Year in Review chapter: Tara Williams, (918) 510–4684, yir@utulsa.edu.
Faculty Advisor for The Year in Review: Professor Robert Butkin, The University of
Tulsa College of Law, (918) 631–2443, Robert-butkin@utulsa.edu.
ABA Section of Environment, Energy, and Resources Officers and Staff
Chair, Special Committee on The Year in Review: For information regarding The Year in
Review process, including page allocations: Mary Ellen Ternes, (405) 234–3226,
maryellen.ternes@crowedunlevy.com.
Vice Chair, Special Committee on The Year in Review: For information regarding The
Year in Review process, including page allocations: Erin Potter Sullenger,
(405) 239–6616, erinpotter.sullenger@crowedunlevy.com.
For general information and questions regarding publication agreements: Ellen Rothstein,
Section publications manager, (312) 988–5576, Ellen.Rothstein@americanbar.org.
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SCHEDULE
2014 THE YEAR IN REVIEW
Date
Event
10:30 am -11:30 am (EDT),
Saturday, Oct. 11, 2014
In-person meeting of YIR Vice Chairs at 22nd
Section Fall Conference (Miami)
11:00 pm (CDT), Friday, Oct. 24,
2014
Orientation conference call for YIR Vice Chairs
Friday, Oct. 31, 2014
Committees notify YIR Chair (Ternes) and Vice
Chair (Sullenger) of writing team and back-ups
Monday, Dec. 1, 2014
Committees submit draft chapters to YIR Chair
(Ternes) and Vice Chair (Sullenger) (strongly
encouraged)
Monday, Jan. 5, 2015
Committee submit final chapters to student editors,
University of Tulsa College of Law, with copies to
YIR Chair (Ternes) and Vice Chair (Sullenger) and
Section Publications Manager (Rothstein)
Friday, Jan. 9, 2015
ABA Sponsored Half-Day Seminar with Reception
at the University of Tulsa College of Law for
Student Editors
Monday, March 16, 2015
Student editors submit electronic files to ABA for
publication
Thursday, April 16, 2015
Approximate date for posting of electronic version
of YIR
6
Guidelines
2014 THE YEAR IN REVIEW
Overview of the Production Process
All substantive committees have the opportunity to submit a chapter. A committee’s
submission is developed by the YIR vice chair(s) appointed specifically to oversee the
preparation of the chapter. Multiple contributors author most chapters. These contributions
are then collected and edited by the committee vice chair(s). The deadline for submitting
chapters to the student editors at The University of Tulsa College of Law is Monday,
January 5, 2015.
The student editors and staff edit and cite check the manuscripts and prepare them for final
formatting.
Once a manuscript is edited, it is returned to the vice chair(s) for final review. Upon final
review by the vice chair(s), the YIR is finalized and submitted to the ABA staff for digital
publication via the Members Only area of the Section’s website and for mobile download.
Section members are notified of the availability of the 2014 YIR by e-mail. We aim for
publication by mid-April 2015.
Teamwork
As your committee’s vice chair for YIR, it is your responsibility to assemble a team of
writers to contribute to the chapter. Please consider appointing a team to help you with
your work. A team approach is preferable to share the workload, provides a back-up in the
case of illness or work emergencies, and ensures that a high quality chapter is submitted to
The University of Tulsa in a timely manner.
Because vice chair illness in the past has resulted in some committees not submitting a
chapter, each committee should name at least one back-up member who will be available
to complete and submit your chapter if you are not able to do so.
Please also consider asking at least one disinterested but knowledgeable person to peer
review your chapter before submission.
Please submit a list of your YIR team to the YIR Special Committee Chair
(maryellen.ternes@crowedunlevy.com) and the YIR Special Committee Vice Chair
(erinpotter.sullenger@crowedunlevy.com) by Friday, October 31, 2014.
Optional Draft
Each committee has the option of submitting a draft chapter by Monday, December 1,
2014, to YIR Special Committee Chair and Vice Chair, who will provide feedback on the
draft chapter within the following two weeks.
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Submission of a draft chapter has many benefits: helps vice chairs obtain timely
submissions from contributors; provides the committee with feedback about length,
organization, and formatting; avoids duplication of coverage by other committees; and
provides assurances to editors that chapter preparation is well underway.
Please submit your draft to the YIR Special Committee Chair and Vice Chair
(maryellen.ternes@crowedunlevy.com and erinpotter.sullenger@crowedunlevy.com) by
December 1.
Final Submission Deadline: Monday, January 5, 2015
One of the challenges of producing YIR is the timing of the publication. Because it reflects
changes and innovations in the law on a calendar-year basis, YIR needs to be compiled at
the end of the calendar year for timely submission to The University of Tulsa College of
Law. This means that the authors may need to dedicate time to the publication over the
traditional year-end holiday season, which can be inconvenient. Nevertheless, timely
submission is absolutely vital. First, student editors at the College of Law have a limited
window of time to dedicate to this task, given the need to coordinate editing and
publication schedules for their other journal, the Energy Law Journal. A late submission
makes their review hurried, and may also limit the vice chair’s ability to review the edited
manuscript. Second, the Section’s desire is to have the copy finalized for publication
before the end of the first quarter of 2015. Without timely submission, this goal is
impossible.
Your committee’s chapter is due to The University of Tulsa no later than Monday,
January 5, 2015. The chapter should be submitted in Microsoft Word format through email to yir@utulsa.edu, with copies to the YIR Special Committee Chair Mary Ellen
Ternes, (maryellen.ternes@crowedunlevy.com); Vice Chair Erin Potter Sullenger,
(erinpotter.sullenger@crowedunlevy.com); and Ellen Rothstein, Section Publications
Manager (ellen.rothstein@americanbar.org).
Chapters received after the due date may delay the publication of the entire edition.
Therefore, it is crucial that the January 5, 2015, due date not be missed.
Chapter Page Allocations
YIR is published in law review style format with an overall length of approximately 400
pages. To keep YIR at an acceptable length for editing, cite checking, and formatting,
committees receive page allocations that they are asked to follow. Appendix 1 sets forth
the 2014 page allocation for each of the committees.
These page limits must be adhered to unless there are developments in your field that
make compliance impossible, as opposed to merely difficult. Please inform YIR Special
Committee Chair Mary Ellen Ternes and Vice Chair Erin Potter Sullenger as soon as you
discover either that you need additional pages or that your report will be shorter than
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allocated. Your committee should not exceed its page limits without express permission.
Additional pages are extremely limited.
Chapter Preparation & Formatting
The committee chapter is not to be a full brief of relevant laws and statutes, but a means to
alert readers to new developments. With this in mind, page limits become more realistic.
In order to assist in keeping YIR within limits and to avoid wasting your allocated pages,
refer to the 2013 YIR for possible overlaps with other committee chapters; one committee
could cover the topic and the other could alert readers that an additional issue is covered in
another report through cross-referencing. The YIR Special Committee Chair will work
with vice chairs to avoid overlapping coverage.
Additional formatting matters are detailed in Appendix 2, which we have prepared to aid
you and your contributors in drafting your committee’s chapter. Strict adherence to the
formal requirements will help us publish a professional YIR edition. You may want to
provide these format guides to the word processor or assistant who will actually be
preparing your committee’s submission. Please note the express policy in the guidelines
on when a footnote will be required. Verbatim excerpts from sources will require the use
of quotation marks and a footnote. Alternatively, the author should consider paraphrasing
the material. Paraphrases will also require a footnote citation.
Electronic Publication & Hyperlinks
YIR became an electronic-only publication with the 2013 edition. Electronic-only
publication offers many exciting outcomes, e.g., multiple versions for mobile devices,
links to opinions and reference material, and important financial savings for the Section.
YIR vice chairs are being asked to include hyperlinks to certain court opinions and
statutes. The student editors have graciously offered to help us with hyperlinking, but YIR
vice chairs and chapter contributors will need to do their part by providing the links or the
necessary information for creating them. A Q & A concerning hyperlinking is set forth in
Appendix 3, and a detailed hyperlinking protocol is set forth in Appendix 4.
Vice Chair Review of Student Edits
Once a manuscript is edited, it is returned to the vice chair(s) for final review. Vice chair
approval of the edited final chapter, or responses to questions posed by the editors, must
be communicated to the Student Editor-in-Chief as soon as possible to meet the publishing
schedule.
Copyright Privileges for The Year in Review Manuscript
YIR is a publication of the Section of Environment, Energy, and Resources and the ABA,
and the ABA maintains a right of first publication. Each contributing author should honor
this right of first publication and refrain from publishing elsewhere his/her personal
9
contribution, including posting it on websites or disseminating it through broadcast e-mail,
before YIR is released by the ABA. After first publication the author may distribute or
reuse his/her work as he/she sees fit without requesting permission from the ABA.
Each person who serves as an editor or provides a written contribution to a chapter must
sign an ABA publication agreement. Agreements and instructions will e-mailed to YIR
vice chairs by the Section publications manager, Ellen Rothstein, and you will be asked to
collect and return the executed agreements to her. If there are any questions about the
nature of the copyright for YIR material, please contact Ellen.
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Appendix 1:
COMMITTEE PAGE ALLOCATIONS
ENVIRONMENT
Agricultural Management
Air Quality
Endangered Species
Environmental Disclosure
Environmental Enforcement and Crimes
Environmental Litigation and Toxic Torts
Environmental Transactions and Brownfields
6
24
8
5
7
10
14
Pesticides, Chemical Regulation, and Right-to-Know
5
Superfund and Natural Resource Damages Litigation
Waste and Resource Recovery
Water Quality and Wetlands
ENERGY AND RESOURCES
15
7
14
Energy and Environmental Markets and Finance
Energy and Natural Resources Litigation
7
15
Energy and Natural Resources Market Regulation
Energy Infrastructure and Siting
Forest Resources
Hydro Power
Marine Resources
Mining and Mineral Extraction
Native American Resources
Nuclear Law
Oil and Gas
Petroleum Marketing
Public Land and Resources
20
7
7
6
12
9
11
5
40
9
11
Renewable, Alternative, and Distributed Energy
Resources
Water Resources
7
29
11
CROSS PRACTICE
Alternative Dispute Resolution
5
Climate Change, Sustainable Development, and
Ecosystems
Constitutional Law
Government and Private Sector Innovation
In-House Counsel
23
10
6
6
International Environmental and Resources Law
Science and Technology
Smart Growth and Green Buildings
COUNCIL RELATED
Ethics and Professionalism
12
17
6
6
6
Appendix 2:
WRITERS’ GUIDELINES
The information below is a guide for the formatting of your Year in Review chapter.
Please comply with the following rules as it facilitates a smooth editing process of your
article.
1. Article Organization
a. Organize your text manually in outline form. The largest subdivision is a section,
indicated by a Roman numeral. In descending order, smaller subdivisions are
identified by a letter in upper case, an Arabic number, or in a letter in lower case.
In Word, make sure that the outline setting is turned off, usually a selection under
the Format tab in Word.
b. Indention should be as follows:
i. Chapter title centered in all caps and bold font.
ii. Section headings should be centered and in non-bold small caps font.
iii. Subsection headings begin at the left margins and are in italic font; and
iv.
Each smaller division begins 1 tab indented from the previous margin.
EXAMPLE:
AGRICULTURE MANAGEMENT
2014 Annual Report1
I. JUDICIAL DEVELOPMENTS
A.
Section 301 – Prohibitions on Point Source Discharges without a Permit
1.
Discharge
a.
Owners and Operators
2. Article Formatting, Submissions, Typing and Related Details
a. Please submit the article as a Microsoft Word document.
i. Use Times New Roman, 12 pt font.
ii. Single space text and footnotes.
1Acknowledgements/CopyrightInformationgoeshere.Seep.16forrequirementsregardingFN1(i.e.,
Authorinformation,Credits,etc.)
13
iii.
Left and right margins are 1.25 inch; top and bottom margins are 0.3 inch.
Header and Footer are 0.3 inch.
iv. Justify right and left margins.
v.
Page numbering should be bottom center.
b. Follow typeface conventions for law reviews (Rule 1.2 of The Bluebook);
however, choose the rules as stated in this Appendix when there is a conflict.
c. Use only 1 space between the end punctuation of a sentence and beginning of next
sentence.
d. Attach the document to an e-mail addressed to yir@utulsa.edu, cc: Ellen
Rothstein at ellen.rothstein@americanbar.org, Mary Ellen Ternes at
maryellen.ternes@crowedunlevy.com, Erin Potter Sullenger at
erinpotter.sullenger@crowedunlevy.com.
3. General Editing
a. Edit your paper according to The Bluebook, A Uniform System of Citation, 19th
Edition.
b. Put citations in footnotes.
c. Italicize case names in the text. Do NOT underline.
d. Within text, spell out the word “section,” but do not capitalize it. Within footnotes,
use the section symbol “§” for a statutory provision identified by a section number.
i. Examples:
i. Correct: The section 10(k) determinations are preliminary
administrative determinations made for the purpose of attempting to
resolve a dispute.
ii. Incorrect: The § 10(k) determinations are preliminary
administrative determinations made for the purpose of attempting to
resolve a dispute.
iii. Correct footnote: 5 U.S.C. § 551(13).
iv. Incorrect footnote: 5 U.S.C. section 551(13).
e. Avoid pronouns and possessive adjectives that reflect gender UNLESS referring to
an individual whose gender is known.
i. For example, instead of using “he,” “his,” or “her,” re-use the noun, e.g.,
“The Secretary” or “The President’s.”
4. Footnotes
a. Necessity
i. Do not scrimp on footnotes to save space for text!
ii. Each case must have one citation by footnote. If the discussion is completed
in one paragraph and the author paraphrases the decision without quotation,
no pin cites are needed. Quotations, however, must be acknowledged.
Because this is a practitioner-oriented publication, the Bluebook rule
requiring citation if four or more words are quoted is not a strict guideline.
14
-
-
Words of art or phrases (such as “Summary judgment was granted for
the plaintiff”) need not be footnoted.
However, if cutting and pasting a sentence or more, a quotation is
necessary. In such circumstances, the author should provide a footnote
or consider paraphrasing the material.
Paraphrases require a source citation.
If eight or more words are directly quoted and not footnoted, the
student editors will add a footnote citation.
b. Format
i.
Place footnotes at the bottom of the page.
ii.
Italicize case names within a footnote ONLY if you are using a shortened
form of the case name. (See section d. below)
iii.
Do NOT double space between footnotes and do NOT use underline.
iv.
Do NOT put a “space” after the footnote number.
v.
Do NOT put footnotes in a smaller font size than the text – all must be
Times New Roman, 12 pt.
c. If a student editor will not be able to locate a particular source in a footnote, please
send it along with your chapter submission.
d. Short Form Citations—Federal Register
i.
ii.
YIR will use short form citations in accordance with The Bluebook rules.
When citing material for the first time, please incorporate traditional
Bluebook rules, but short form citations are appropriate after a source’s initial
full citation.
iii. Federal Register citations will have a shortened form that reflects Bluebook
Rule 14.4 (page 136) after the source has been cited in full.
(1) Example:
(a) Full Citation: Importation of Fruits and Vegetables, 60 Fed. Reg.
50,379, 50,381 (Sept. 29, 1995).
(b) Short Citations: 60 Fed. Reg. at 50,381.
(i) Please note: it is necessary to include the month and year of a
Federal Register source upon its first citation to ensure the student
editors have the correct sources in your chapter’s citations.
e. URL Citations
i. Please follow Bluebook Rule 18 for parallel citations to websites.
ii. Formatting
(1) If the URL address is longer than one line, please LEFT JUSTIFY the
URL in order to make it flow nicely.
f. Hyperlinks
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i.
We have moved to an electronic-only version, available on a variety of office
and mobile devices, starting with the 2012 YIR. We will not publish a printed
version of the 2014 YIR.
ii. For the 2014 edition, we will provide active hyperlinks to major new
opinions and legislative material (statutes and bills).
(1) In the pdf (and any other electronic version(s)), the name of the case or
statute name in the text will be actively hyperlinked to publicly available,
source documents on the Internet.
(2) We don’t want an overly burdensome chapter by providing hyperlinks to
too much material. Therefore, at the very least new opinions and statutes
need to be hyperlinked since they are most interesting to the readers.
(a) However, committees certainly may provide URLs and hyperlinks for
additional references.
(b) The Tulsa student editors reserve the right to change any inactive links
or change them to more stable sources.
(3) If a Vice Chair does not wish to follow the hyperlinking processes we can
offer some relief by providing the hyperlinks for you, but with the
following conditions:
(a) Please provide hyperlinks and/or the web address and/or the actual
document to any source, which is not easily found. Basically, any
information you can provide which will help our student editors locate
the document and, hopefully, provide an active hyperlink.
(b) The Tulsa student editors will provide all hyperlinks, as necessary, but
may not include hyperlinks to everything (i.e., your chapter will be
limited in the amount of hyperlinks it contains).
iii. Hyperlink Appearance:
(1) Below is an example of footnotes that were needed for print versions:
(a) The chapter text would read:
(i) The case of Ute Mountain Ute Tribe v. Rodriquez,44 involved oil
and gas-related taxes on the portion of the Ute Reservation located
in New Mexico.
(b) The corresponding footnote:
(i) 44660 F.3d 1177, 1179 (10th Cir. 2011), cert. denied, No. 11-729,
2012 WL 538382 (U.S. Feb. 21, 2012), available at
http://www.ca10.uscourts.gov/opinions/09/09-2276.pdf.
(2) For the current electronic version, a hyperlink is created directly from the
case or state name in the chapter text to the source document. By clicking
on the link in the text the reader can access the document. To see the URL
the reader need only place the cursor (or finger on certain mobile devices)
on the case or statute name.
(a) The following type box will appear:
http://www.ca10.uscourts.gov/opinions/09/
09-2276.pdf
(3) By hyperlinking the case name or statute the corresponding footnote will
read:
16
iv.
v.
vi.
vii.
viii.
(a) 44660 F.3d 1177, 1179 (10th Cir. 2011), cert. denied, No. 11-729, 2012
WL 538382 (U.S. Feb. 21, 2012).
Hyperlink Creation:
(1) Please follow this procedure when using MS Word:
(a) Type the name of the case, statute or other optional reference in the
main text of your chapter.
(b) Find an authoritative version of the case, statute, or document on a
publicly available website.
(c) Using your browser, navigate to first page of the located document or
an index page that has a link to the document (in some cases,
documents have only a temporary URL and you must link to a more
stable, index page).
(d) Using your cursor, select and copy the URL that appears in the address
field of your browser.
(e) Go to your chapter text and highlight the name of the case or statute in
the text.
(f) Navigate from the toolbar (Insert>Hyperlink) to a window where you
can paste the URL into the appropriate field, indicate you are linking to
a web document, and paste in the link, using “Control V” or a pulldown menu.
(g) Once the link is established, the URL will turn blue or some other
color.
(h) If you want to create optional links from references in the footnotes,
follow the same procedure to create an active link from the name of the
reference in the footnote to the on-line source document.
(i) Use the Help function on your word processor for more information.
Only provide the URL and active link for the first reference to the case, statute,
bill, or other reference in your committee’s chapter. You do not need to
provide this information for subsequent references (e.g., when using id.).
Please note that this guidance supersedes The Bluebook requirement (R. 18.2.2)
that the URL be set forth as a parallel citation after the conventional footnote
citation (we will not add the “available at http://www.cafc.uscourts.org”
phrase).
Websites ending in .com and .edu are more likely to go inactive than websites
ending in .gov or .org. Therefore, when providing a hyperlink, please try and
locate the source on a .gov or .org website if possible.
(1) Examples: epa.gov, gpo.gov
Please review Appendix 4: Citation Guide & Resources for search tools and
citation guidance.
5. Acknowledgments/Copyright Information
a. See page 13, footnote 1.
b. Use footnote #1 for acknowledgments. Name the parties to be acknowledged, but
please note that the ABA will require a signed publication agreement or editor
17
agreement from everyone listed in this footnote because they presume that anyone
listed is an author or acted as an editor. Therefore, to acknowledge someone
without triggering the agreement requirement, please state that the person assisted
in another manner.
i. For example, you might say “The authors also wish to acknowledge the
assistance of X and Y, who supplied case names [or reviewed the manuscript,
etc.].”
6. Organizational Suggestions
a. At the beginning of the first footnote of the chapter, the author should delineate the
scope of the chapter. For example, the author should note whether the chapter
covers only published decisions or unpublished and published decisions. Also, the
footnote should mention whether the chapter purports to list all decisions in the
area or all significant decisions in the area. Similarly, in regard to proposed
legislation, it should note the scope of listings, such as only proposed bills that
have passed one house or proposed bills that have been reported out of committee.
b. For the body of the chapter, subject areas may require different approaches.
Nevertheless, some suggestions are possible:
i. Divide the committee’s substantive matter into three major section headings Legislative Developments, Administrative Developments, and Judicial
Developments.
(1) Subheadings then consist of statutes or distinct issues within the purview of
the committee.
ii. Many resource committees organize by state, with legislative, judicial, and
administrative developments listed as subheadings.
iii. Other committees, for example, litigation committees, organize around
categories of topics, such as jurisdiction or parties.
7. Questions and Problems
a. Tara Williams, Student Editor-in-Chief
i. E-mail: yir@utulsa.edu (Preferred method of communication)
ii. Cell: (918) 510-4684
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Appendix 3:
QUESTIONS & ANSWERS
HYPERLINKING TO LEGISLATIVE MATERIAL & APPELLATE COURT DECISIONS
A set of Questions and Answers follows below and a Citation Guide & Resources
giving specific information on how to find and cite to publicly available documents is set
forth in Appendix 4.
Please forward these documents to all contributors to your committee’s chapter for the
2014 edition. As contributors prepare their portions of a chapter, we ask that they (a) find
URLs for certain court opinions and legislative material; (b) using these URLs, prepare
hyperlinks from the name of the case or statute in the text to the on-line source document;
and (c) no longer include the URL or hyperlink for the case or statute in the footnote.
This continues to be a learning experience for all of us, and we anticipate that we will
encounter problems. Please bring these to our attention. The bottom line is, “Do the best
you can.” Our primary goal remains to compile well-written, current chapters—not to
immediately master the intricacies of electronic publication. Thank you for your
assistance.
19
QUESTIONS AND ANSWERS
1.
What references are affected? In each chapter, we will continue to provide
URLs and active hyperlinks for the following references (to extent the source documents
are publicly available on-line):
 Appellate opinions issued during 2014 by state and federal courts.
 Statutes enacted during 2014 by Congress and state legislatures (including
unenacted bills of special interest).
2.
Why are the hyperlinking requirements changing so soon after they were
introduced? The 2011 edition of Year in Review was printed in conventional book form
and published on-line in an electronic (pdf) format. Thus, when we began embedding
hyperlinks in the 2011 edition, we needed to provide sufficient citation information in the
footnotes so that readers of the printed version could see the URL in the event they
wanted to access the document on-line.
Electronic-only publication of the 2014 edition affords us more flexibility in our approach
to hyperlinking. When published in an electronic format, the reader can pass a cursor or
finger over a case or statute name in the text and see the URL in a pop-up text box. (For
example, pass your cursor over this phrase: ABA Section of Environment, Energy, and
Resources. You should see the URL if you are connected to the Internet.) This approach
will also result a more visually pleasing layout without lengthy URLs strung across the
bottom of each page.
3.
How does this affect the work of chapter contributors and committee vice
chairs? We believe the contributor who is actually writing the text and footnotes most
easily accomplishes this work. Time permitting, University of Tulsa student editors will
help committees complete this work.
4.
Can our committee provide active links and URLs and active links for other
references? Yes. Some committees already provide URLs for administrative documents,
articles, and other references. They can continue do to so. Other committees may also
decide to provide active links and URLs for other references as well. If your committee
decides to go beyond the minimum (appellate decisions and new statutes and bills of
special interest), we recommend you focus on those references that otherwise would be
difficult for a reader to find. Committees may also use the first footnote of the chapter to
provide links from the names of chapter contributors to the firm or personal bios for those
lawyers (please do not link to blogs or other opinion or advocacy materials).
If you provide links for other references, either in the text or in the footnotes, please
follow the same protocol we have described. That is, you can embed the URL in the active
link from the name of the reference, either in the text or footnote. You don’t need to set
forth the URL as part of the footnote.
20
5.
What are the basic hyperlinking requirements for recent opinions and
statutes? Our goal is to provide active links for (a) published opinions and slip opinions
issued during 2014 by state and federal appellate courts; (b) state and federal statutes
enacted during 2014; and (c) unenacted bills of special interest, pending before Congress
or state legislatures during 2014. The basic citation forms for these references may be
found in the Citation Guide & Resources, Appendix 4 (utilizing THE BLUEBOOK rules
unless superseded by these instructions).
6.
How do I find URLs for publicly available case opinions and statutes? The
Citation Guide & Resources, Appendix 4, suggests ways to locate publicly available
opinions and statutes. When possible, please go to an authoritative website for that
jurisdiction (e.g., site maintained by state judicial system). In some instances, you will not
be able to find the document on an official site; in those cases, you may cite and link to a
credible alternative such as www.justia.com or www.findlaw.com.
If you find a document on-line and have the choice of linking to a pdf or text version,
choose the text version as this is a more flexible file for the ultimate reader to use.
21
Appendix 4:
HYPERLINKING CITATION GUIDE & RESOURCES
LINKING TO PUBLICLY AVAILABLE LEGISLATIVE MATERIAL & APPELLATE COURT
DECISIONS
CITATION GUIDE & RESOURCES:
LINKING TO PUBLICLY AVAILABLE LEGISLATIVE MATERIAL & APPELLATE COURT
DECISIONS
2014
Federal
Legislation
STATUTES & BILLS
Use basic formats specified by
See generally THE BLUEBOOK R.
12, Statutes, and R. 13, Legislative THE BLUEBOOK to provide a
conventional citation in the
Materials
footnote. If on-line version is
The US Government Printing
available, embed the URL in the
Office’s Federal Digital System
name of the legislation in the
provides durable links to
chapter text (and make the URL
congressional bills and public
an active link).
laws. We suggest you find on-line
versions of your legislative
material through this service:
http://www.gpo.gov/fdsys/browse/
collection.action?collectionCode=
BILLS
While THOMAS (Library of
Congress) (http://thomas.loc.gov)
is an easily accessible, on-line
source for federal legislative
materials, you cannot create a
permanent link to a particular bill
or statute without some technical
prowess.
Unenacted bill
For example:
While GPO’s FDS enables durable
links to bills, there are many
versions (introduced to enrolled)
of most bills. Be sure you are
linking to the correct version of
the bill.
Name of bill as set forth in
chapter text: American Clean
Energy and Security Act of
2009fn
22
Conventional citation in
footnote: fnH.R. 2454, 111th
Cong. (2009).
URL embedded in hyperlink
from statute name:
http://www.gpo.gov/fdsys/pkg/
BILLS111hr2454ih/html/BILLS111hr2454ih.htm
Enacted bill
For example:
For enacted federal legislation,
find the legislation on the GPO’s
FDS:
http://www.gpo.gov/fdsys/browse/
collection.action?collectionCode=
PLAW&browsePath=111%2FPU
BLIC&isCollapsed=false&leafLe
velBrowse=false&ycord=0.
Name of Public Law in text:
Claims Resolution Act of 2010
fn
Conventional citation in
footnote: fnPub. L. No. 111-291,
124 Stat. 3064 (2010).
URL embedded in hyperlink
from Public Law name:
http://www.gpo.gov/fdsys/pkg/
PLAW111publ291/html/PLAW111publ291.htm
Codified version (if available)
For example:
For legislation codified in the U.S.
Code, find the legislation on the
GPO’s FDS:
http://www.gpo.gov/fdsys/browse/
collectionUScode.action?collectio
nCode=USCODE
Name of statute in text:
Comprehensive Environmental
Response, Compensation, and
Liability Actfn
Conventional citation in
footnote: fn42 U.S.C. §§ 96019675 (2006).
URL embedded in hyperlink
from statute name:
http://www.gpo.gov/fdsys/pkg/
USCODE-2009title42/html/USCODE-2009title42-chap103.htm
State Legislation See generally R. 12, Statutes, and
23
Use basic formats set forth in
R. 13, Legislative Materials
The Legal Information Institute
has an excellent gateway to state
legislative and other materials:
http://www.law.cornell.edu/states/
listing.html.
Table 1 (T.1), United States
Jurisdictions, The Bluebook. If
on-line version is available,
embed the URL in the name of
the bill or statute mentioned in
the text.
Unenacted bill
For example:
It may be difficult to create a
durable link to unenacted bills in
some states as this information
may be removed from legislative
websites after adjournment.
Name of bill in text:
During 2011, the California
legislature did not act on a
Senator Gaines’ Senate Bill
385fn relating to tidelands and
submerged lands.
Conventional citation in
footnote: fnS.B. 385, 2011 Leg.
(Cal. 2011).
URL embedded in hyperlink
from bill name:
http://www.leginfo.ca.gov/pub/
11-12/bill/sen/sb_03510400/sb_385_bill_20110215_in
troduced.html
Use bills and resolutions format
for particular state (see R.13.2).
Enacted bill
For example:
Name of statute in text:
The Colorado legislature passed
legislationfn concerning state
historical society nominations
of water supply structures.
Conventional citation in
footnote:
fn
Act of May 26, 2011, ch. 165,
2011 Colo. Sess. Laws 568.
URL embedded in hyperlink
from statute name:
24
http://www.state.co.us/gov_dir/l
eg_dir/olls/sl2011a/sl_165.htm
Codified version (if available)
For example:
Use statutory compilation format
under particular state.
Reference to statute in text:
The Delta Independent Science
Boardfn was one of the major
achievements of the legislative
session.
Conventional citation in
footnote:
fn
CAL. WATER CODE § 85084
(West 2010).
URL embedded in hyperlink
from statute reference:
http://www.leginfo.ca.gov/cgibin/displaycode?section=wat&g
roup=8500186000&file=85080-85089
Federal
Appellate
Courts
COURT DECISIONS
This USDOJ site
(http://www.justice.gov/jmd/ls/fed
eral1.htm) provides useful links to
all federal court, as well as links to
some unofficial sites (e.g.,
justia.com).
For U.S. Supreme Court decisions
since 1991, use the Court’s official
website for publicly available
decisions:
http://www.supremecourt.gov/opi
nions/opinions.aspx.
For example:
Reference to case in text:
In American Elec. Power Co. v.
Connecticut,fn eight states sued
utilities . . . .
Conventional citation in
footnote: fn131 S. Ct. 2527
(2011).
URL embedded in hyperlink
from case reference:
http://www.supremecourt.gov/o
In some cases, the court of appeals pinions/10pdf/10-174.pdf
decision is old enough to be
Another example:
officially available only on
PACER, which itself is a feebased site. In these cases, link if
Reference to case in text:
The Ninth Circuit found that the
possible to the publicly available
decision on an unofficial site such FWS improperly delisted the
Yellowstone grizzly bear.fn
as www.justia.com or
25
www.findlaw.com.
Conventional citation in
footnote:
fn
Greater Yellowstone Coal.,
Inc. v. Servheen, No. 09-36100,
2011 WL 5840646 (9th Cir.
Nov. 22, 2011).
URL embedded in hyperlink
from case reference (court site):
http://www.ca9.uscourts.gov/dat
astore/opinions/2011/11/22/0936100.pdf
Alternatively, URL embedded in
hyperlink from case reference
(Justia site):
http://law.justia.com/cases/feder
al/appellate-courts/ca9/0936100/09-36100-2011-1122.html
State Appellate
Courts
The USDOJ site
(http://www.justice.gov/jmd/ls/stat
e.htm) also provides useful links
to all state appellate courts. To the
extent decisions are available on
these official state sites, link to the
publicly available decisions.
For example:
Reference to case in text:
In Occidental Permian Ltd. V.
Helen Jones Found.,fn
Occidental acquired the lessee’s
interest . . . .
Conventional citation in
footnote:
fn
333 S.W.3d 392 (Tex. App.—
Amarillo 2011).
URL embedded in hyperlink
from case reference:
http://www.7thcoa.courts.state.t
x.us/opinions/PDFopinion.asp?
OpinionID=14352
26
Appendix 5:
STYLE MANUAL
ADMINISTRATIVE DOCUMENTS
Bluebook Rule 14
Notice of Proposed Rulemaking:
1
Great Lakes Steamship Repower Incentive Program, 77 Fed. Reg. 2471 (Jan. 18,
2012) (to be codified at 40 C.F.R. pt. 1043).
Notice of Decision:
2
California State Motor Vehicle and Nonroad Engine Pollution Control Standards;
Truck Idling Requirements; Notice of Decision, 77 Fed. Reg. 9239 (Feb. 16,
2012).
Direct Final Rule:
3
Revisions to Federal Implementation Plans To Reduce Interstate Transport of Fine
Particulate Matter and Ozone, 77 Fed. Reg. 10,342 (Feb. 21, 2012) (to be codified at
40 C.F.R. pt. 97) (direct final rule).

Use id. if appropriate on second reference; otherwise use the short form (such as
77 Fed. Reg. 2471, at 2472) or [hereinafter] & supra.
Guidance Document: (Bluebook Rule 14(d) – Other Publications)
4
OFFICE OF WATER, ENVTL. PROT. AGENCY, EPA 816-R-12-004, PERMITTING
GUIDANCE FOR OIL AND GAS HYDRAULIC FRACTURING ACTIVITIES USING DIESEL
FUELS – DRAFT: UNDERGROUND INJECTION CONTROL PROGRAM GUIDANCE #84 at 1
(May 2012).
INTERNET, ELECTRONIC MEDIA, AND OTHER NONPRINT SOURCES
Bluebook Rule 18
Online Article with Author:
5
Carolyn Whetzel, California Releases Draft Hydraulic Fracturing Standards on
Testing, Monitoring, Disclosure, BNA DAILY ENV’T REP. (Dec. 19, 2012),
http://www.bna.com/california-releases-draft-n17179871510/.
27

Use id. if appropriate on second reference; otherwise use short form (such as
Whetzel, supra note 5.)
Online Article with Unknown Author:
6
U.S. Congresswoman Seeks Probe of Chevron Over $18 Billion Ecuador Case, Says
Amazon Defense Coalition, INT’L BUS. TIMES (June 11, 2012),
http://www.ibtimes.com/press-release/20120611/us-congresswoman-seeks-probechevron-over-18-billion-ecuador-case-says-amazon.

Use id. if appropriate on second reference; otherwise use short form (such as U.S.
Congresswoman Seeks Probe of Chevron, supra note 6.)
Website:
7
EPA’s Audit Policy, ENVTL. PROT. AGENCY,
http://www.epa.gov/oecaerth/incentives/auditing/auditpolicy.html (last updated June
13, 2012).
INTERNATIONAL MATERIALS
Bluebook Rule 21
United Nations Materials – Resolutions: (Bluebook Rule 21.7.2(a)
8

G.A. Res. 66/288, ¶¶ 188, 190, U.N. Doc A/RES/66/288 (Sept. 11, 2012).
Use id. if appropriate on second reference; otherwise use short form (such as G.A.
Res 66/288, supra note 8, ¶ 191.)
United Nations Materials – Conference of the Parties - Decisions
9
Conference of the Parties on its Eighteenth Session, Doha, Qatar, Nov. 26-Dec. 8,
2012, Decisions Adopted by the Conference of the Parties, Dec. 2/CP.18
Advancing the Durban Platform, at 19, U.N. Doc. FCCC/CP/2012/8/Add.1 (Feb.
28, 2013) [hereinafter Doha Conference Decisions of COP-18], available at
http://unfccc.int/resource/docs/2012/cop18/eng/08a01.pdf.

Use id. if appropriate on second reference; otherwise use short form (such Doha
Conference Decisions of COP-18, supra note 9.)
28
MISCELLANEOUS
Administrative Document, considered “Other publication” according to Bluebook Rule
14(d), but found online:
10
MATTHEW MCFEELEY, NATURAL RES. DEF. COUNCIL, STATE HYDRAULIC
FRACTURING DISCLOSURE AND ENFORCEMENT: A COMPARISON (July 2012),
available at http://www.nrdc.org/energy/files/Fracking-Disclosure-IB.pdf.
Other Documents available in Print form, but found in PDF documents via websites:
9
THOMAS SINGER, REVIEW OF SHAREHOLDER PROPOSALS ON ENVIRONMENTAL
ISSUES 2 (The Conference Board 2012), available at
https://www.boardmember.com/uploadedFiles/Home/Board_Governance/Articles/TC
B%20Shareholder%20Proposals%20on%20Environmental%20Issues.pdf.

Use id. if appropriate on second reference; otherwise use short form (such as See
SINGER, supra note 9, at 3.)
Memoranda and Press Releases: (Bluebook Rule 17.2.3)
10
Memorandum from Suzanne Rudzinski, Dir. of Office of Resource Conservation
and Recovery to Reg’l TSCA and RCRA Division Directors, EPA Regions 1-10
(Oct. 24, 2012).
11
Press Release, SkyTruth, SkyTruth Releases Fracking Chemical Database (Nov.
14, 2012), http://blog.skytruth.org/2012/11/skytruth-releases-frackingchemical.html.

Use id. if appropriate on second reference; otherwise use short form (such as See
Press Release, SkyTruth, supra note 11
.)
FERC MATERIALS
FERC Orders & Opinions:

FERC Orders issued before June 26, 2002, without paragraph numbers, should include
citation to page number in the FERC Reports. For example,
88

FERC Orders issued on or after June 26, 2002, paragraph numbers should be used in
the citation. For example,
89
Northwest Pipeline Corporation, 88 F.E.R.C. ¶ 61,057, at p. 61,145(1999).
East Tennessee Natural Gas Company, 98 F.E.R.C. ¶ 61,060 at P 16(2002).
29

FERC Order found in Federal Register and F.E.R.C. Statutes and Regulations.
90
Order No. 500, Regulation of Natural Gas Pipelines After Partial Wellhead
Decontrol, III F.E.R.C. STATS. & REGS. ¶ 30,761, 52 Fed. Reg. 30,334 (1987) (to
be codified at C.F.R. pts. 2, 284).

FERC Preambles
91
Order No. 500, Regulation of Natural Gas Pipelines After Partial Wellhead
Decontrol, [Regs. Preambles 1991-1996] F.E.R.C. STATS. & REGS. ¶ 30,761
(1992), 52 Fed. Reg. 30,334 (1992) (to be codified at C.F.R. pts. 2, 284).

Use an id. citation if appropriate on second reference; otherwise add [hereinafter Order
No. 500] at the end of the first citation.
92

FERC Order found in the CFR. On second reference, use an id. citation if appropriate;
otherwise cite in full.
94

Order No. 500, supra note 90, at 30,380.
Order No. 436, 18 C.F.R. § 284.9 (1987).
FERC Opinion found in FERC Reporter.
96
Opinion No. 246, Middle South Serv., Inc., 33 F.E.R.C. ¶ 61,408 (1985).
97
Opinion No. 435, SFPP, L.P., Mobil Oil Corp. v. SFPP, L.P. Tosco Corp. v
SFPP, L.P., 86 F.E.R.C. ¶ 61,022 (1999), order on reh’g, 91 F.E.R.C. ¶ 61,135
(2000) [hereinafter SFPP].

Use an id. citation if appropriate on second reference; otherwise use the FERC short
cite or supra if appropriate.
99
SFPP, supra note 97, at 61,063.
101

33 F.E.R.C. ¶ 61,408, at 32,445.
* When short citing a FERC order, include the Order No. When short citing a
FERC opinion, do NOT include the Opinion No. See footnotes 92 and 101
supra.
FERC Rulemaking:
102
Notice of Inquiry, Interstate Transportation of Gas for Others, IV F.E.R.C.
STATS & REGS. ¶ 35,516 (1984), 50 Fed. Reg. 114 (1985).
30
103
Notice of Proposed Rulemaking, Abandonment of Sales and Purchases of
Natural Gas Under Expired, Terminated, or Modified Contracts, [1982-1987
Proposed Regs.] F.E.R.C. STATS & REGS. ¶ 32,441, 52 Fed. Reg. 18,703 (1987).

Use id. if appropriate for second reference; otherwise use [hereinafter] and supra (see
Order No. 500 example above).
Adjudications:

One party name given:
104
Niagara Mohawk Power Corp., 31 F.E.R.C. ¶ 61,090 (1985).
105
Indiana & Michigan Elec. Co., 59 F.P.C. 1383 (1977).
106
Viking Gas Transmission Co., 63 F.E.R.C. ¶ 61,104 (1993), order on reh’g, 63
F.E.R.C. ¶ 61,275 (1993), reh’g denied, 65 F.E.R.C. ¶ 61,028 (1993).


Use id. if appropriate on second reference; otherwise use the shortened FERC or FPC
cite. [Note the comma in the FERC citation after the ¶ number.]
107
31 F.E.R.C. ¶ 61,090, at 36,789.
109
59 F.P.C. at 1395-96.
Two party names given:
110

Shrewbury Mun. Light Dep’t v. New England Power Co., 32 F.P.C. 373 (1964).
Use id. if appropriate; otherwise use the short form.
114
Shrewbury, 32 F.P.C. at 374-75.
Unpublished FERC Materials:

Summary of Current Staff Proposals on PURPA-Related Issues (FERC issued Sept.
11, 1987).
FERC a Party To Litigation:
117
Wisconsin Gas Co. v. FERC, 770 F.2d 1144, 1150 (D.C. Cir. 1985).
Foster Reports:

FOSTER NATURAL GAS REPORT (Foster Associates) No. 1546, at 3 (Dec. 5,
1985).
31
Federal Register & CFR:
120
Final Rulemaking, Minerals Management and Oil and Gas Leasing: Revision of
the Regulations Covering Oil and Gas Leasing on Federal Lands, 48 Fed. Reg.
33,675 (1983) (to be codified at 43 C.F.R. pt. 3110).
121
Notice of Inquiry, Regulation of Electricity Sales-for-Resale and Transmission
Service, 50 Fed. Reg. 23,445 (1985).

Use id. if appropriate on second reference; otherwise use the short form (such as
48 Fed. Reg. 33,675, at 32,455) or [hereinafter] & supra.
32