Some readers may be familiar with books published in
electronic media. Others may not be. The editors intend this reader’s guide to
help you understand the conventions used in the Deskbook.
Electronic versions of the chapters. Each chapter has
a web-based version, a portable document format (PDF) version, and an eBook
(epub) version. The web-based version (in Hyper Text Markup Language) is
scalable. The PDF version is intended to be printed as shown. The table of
authorities for each chapter appears only in the PDF version. The eBook (epub)
version is viewable on devices such as personal digital assistants, iphones,
ipads, tablets (Kindle, Nook, Sony, Kobo etc.) and some cell phones. The
latest update of each chapter is noted in each version. The deskbook home page
contains links that show the revision history of each chapter.
Navigation. Navigation of each chapter uses standard
browser commands, with the following caveats:
1. Embedded hyperlinks. Because
the Deskbook is designed to be primarily an electronic resource, hyperlinks in
the text connect directly to the source. Cases are generally linked to Google
Scholar, Michigan statutes are linked to the legislature’s website, older cases
and Michigan administrative rules are linked through Casemaker, federal
statutes are linked through the Legal Information Institute at Cornell
University Law School, and federal rules are linked through the U.S. Government
Printing Office. Hyperlink addresses are not printed if you print the PDF.
2. Tables of contents. In the PDF
version, by clicking on the page number in a table of contents, you can jump
directly to the section of the chapter; once you are in a chapter, use the
bookmarks side screen to navigate. In the web and e-publish versions, clicking
on a section in the table of contents moves to the chapter section; to return
to the table of contents, you can (usually) use the “back” button on the
browser. In Adobe Reader, you can use alt-left arrow and alt-right arrow to
navigate using the keyboard.
3. Cross references. Cross
references to other sections of a chapter are hyperlinked. Click on the
cross-reference to go to the cited section. If you wish to open a new window to
view the new section, use shift-click in the web version.
Printed version of the Deskbook. You can obtain a
printed version of the Deskbook at cost from the State Bar of Michigan. Because
we intend the Deskbook to be regularly updated, you should always check the
electronic version to see if a chapter has been updated.
Unpublished decisions. The court rules declare that
unpublished decisions of the court of appeals are “not precedentially binding
under the rule of stare decisis.” MCR 7.215(C)(1). Yet the bulk of the work of
the court of appeals now appears in unpublished decisions. We believe the
appropriate method of alerting you to unpublished decisions is to separate them
from the text, but link to the unpublished slip opinions. In that way, you will
have the benefit of the decisions but with the appropriate caution concerning
their use.
Recent decisions. Recent decisions that do not have
official citations are linked to slip opinions. This practice is true for
decisions of the United States Supreme Court as well as Michigan courts. We
recognize that slip opinions are subject to correction (and are often
corrected) in advance sheets and official reports. Nevertheless, the slip
opinions from courts provide you with the most authoritative version of recent
decisions.
Citation style. Citations in the Deskbook follow the
Michigan Uniform System of Citation, Administrative Order No. 2006-3, 474 Mich
clviii-cciii (effective May 1, 2006), available here,
except as follows:
1. The word Commission
in a case name is abbreviated Comm’n to distinguish it from Committee,
which is abbreviated Comm. Compare AO 2006-3, section I.A.4.c and
appendix C, 474 Mich at clxi-clxii, ccii.
2. When a city is a party, the party
name always contains “City of”. Compare AO 2006-3, section I.A.4.f, 474
Mich at clxiii.
3. The word County in a case name
is abbreviated Cty, to distinguish it from Company, which is
abbreviated Co. Compare AO 2006-3, section I.A.4.h, 474 Mich at clxiv. Note
that AO 2006-3, Appendix C, abbreviates County as Cty, 474 Mich
at ccii.
4. Federal court of appeals decisions
are cited “Cir” rather than “CA”. Compare AO 2006-3, section I.A.4.m.2, 474
Mich at clxvii.
5. United States Supreme Court citations
do not include parallel citations, except for decisions for which official
pagination is not available. Those decisions, however, are linked to Supreme
Court slip opinions. Compare AO 2006-3, section I.A.4.n.1, 474 Mich at clxviii.
6. Citation to Michigan administrative
rules do not contain “[year] AACS”; the hyperlink to the rule will identify the
year of the rule’s publication. Compare AO 2006-3, section I.B.6, 474 Mich at
clxxx. Current administrative rules are collected on the website
of the State Office of Administrative Hearings and Rules, and not at www.michigan.gov/orr
as stated in AO 2006-3, section I.B.6.b, 474 Mich at clxxx.
7. Citations indicating a source of a
block quotation or bulleted list appear in the text following the quotation or
list. Compare AO 2006-3, section II.G, 474 Mich at cxcvii.
Acronyms and initialisms. Environmental law is filled
with acronyms and initialisms. Well-known acronyms—such as NREPA, DEQ, DNR,
(formerly DNRE) EPA and CERCLA (a true acronym)—should require no
explanation. Lessor-known acronyms are explained in each chapter. We use DEQ,
rather than MDEQ, to refer to the Michigan Department of Environmental Quality,
because that is how the agency refers to itself when dealing with Michigan
issues.
Citations to CFR. Administrative rules for some
environmental programs administered by DEQ incorporate federal rules by
reference. The administrative procedures act limits the validity of such
incorporation by reference to those existing at the time of rule promulgation and
not to future rules. MCL 24.232(4). This matter is discussed more fully in the
Administrative Law chapter. Citations to the Code of Federal Regulations (CFR) in
the Deskbook may contain the date of adoption consistent with the
administrative procedures act, as the context requires.
Tables of cases and other authorities. Because each
chapter is searchable, the Deskbook does not contain tables of cases or other
authorities in the traditional sense. The PDF version of each chapter contains
a table of authorities for use with the printed version.
Index. The Deskbook has no index. Because each
chapter is searchable, we believe that an index is unnecessary.
Author biographies. The Deskbook does not contain
author biographies in the traditional sense. If you wish to learn more about an
author, the author’s name on the home page links to his or her State Bar of
Michigan profile, which usually contains a link to the author’s law firm
website.
New cases. Our goal is to give you as much
information on the topics as we can consistent with relevance and space
limitations. We encourage practitioners to forward to the editors (editor@envdeskbook.org) new cases—including
trial court decisions—that they have litigated so that authors can discuss
them. Although trial court decisions are not precedential, they are often
helpful as examples of emerging or important issues, and are therefore useful
to practitioners.
Correcting errors. We intend the discussion in the Deskbook
to be accurate, both substantively and as a matter of form. Nevertheless, we
encourage you to bring to our attention any errors. Because the Deskbook is a
collaborative effort, we hope that you see yourself as part of that
collaboration. Please send technical inquiries to webmaster@envdeskbook.org. Please
send content inquiries to editor@envdeskbook.org.
Disclaimers. In addition to the disclaimer on the home
page, we remind you that the Environmental Law Section and the authors are not
giving legal advice. You should consult a qualified environmental attorney
regarding specific matters. The views of the authors are their own; neither the
Environmental Law Section nor the State Bar of Michigan adopt or endorse the
views of the authors.
March
2012