Law Question-Massachusetts v. EPA
The study of law is the study of the rules that arise from previous cases. The case brief method
is best method for studying, analyzing, and understanding cases. In law school, students brief
cases assigned for class to be prepared for the class discussion; lawyers brief cases to create a
summary of each case that may be used in legal research.
I recommend that you brief all of the cases that we read in this class for your own learning, and
the cases will be on the weekly quizzes. For your homework, you will select 4 cases and submit
a case brief as homework for each one. Each brief is worth 15 points. You will also be expected
to lead the discussion of the cases that you brief for homework, and participate in the case
discussions for cases that you did not brief for homework.
This handout provides and explanation of each section of the brief, and 2 simple examples that
carry through each section: one of a traffic accident and another of statutory interpretation.
However, environmental law cases are not always so straightforward. Feel free to ask questions
so that you understand the process of briefing cases.
A template is available on Canvas for preparing your case briefs. You will be expected to use
this format for your case brief homework.
I. Citation (1 point): This is the heading on every case. Simply copy it into the citation line.
Generic: Plaintiff v. Defendant, Volume, Reporter, Page, Year.
Example 1: Anderson v. Brekken, 123 N.D. 456, 78 N.W.2d 910 (1999).
Example 2: US v. Anderson, 123 F.2d 456 (8th Cir. 2000).
II. Court and Jurisdiction (1 point): Determine the jurisdiction and level of court. Each state has
its own reporting and court naming system, although most follow the standard district court,
appellate court, supreme court structure.
General rules: State lower courts may be listed by county court name.
State Court of Appeal: xx Or. App. xxx (date); xx P.2d xxx (Or. App., year).
State Supreme Court: xx Or. xxx (date); xx P.2d xxx (date).
Federal: District courts will list an abbreviation with the state of origin with the
date; e.g., District courts: xx F.Supp. xxx (D. Or., year).
Appeals courts specify the circuit number. Courts of Appeal: xx F.2d xxx (9th
Cir year).
United States Supreme Court: xx U.S. xxx (date).
Example 1: North Dakota Supreme Court
Example 2: 8th Circuit Court of Appeals
III. Facts (2 points): Identify the parties. Do not rely on the order of the parties in the
citation—if it is an appellate court case, sometimes the plaintiff and defendant are
switched around because they put the appellant first, rather than the original plaintiff.
Read the case to be sure. State exactly what happened in the case. Include all of the
facts that are necessary to decide the issue, and try to leave out any facts that are not
necessary. It may be wise to revise this section of your case brief after you have
identified the issue and rule of the case.
Example 1: Anderson is the Plaintiff. Brekken is the Defendant. Defendant’s
car ran a red light and hit plaintiff’s car. Plaintiff’s car was totaled.
Example 2: Anderson is the defendant. When Anderson plowed her fields,
she plowed on a wetland area, compacting the soil and pushing soil in the
wetland.
IV. Issue (2 points): Identify the legal question that the case is trying to resolve. State the
issue as a question. There is at least one legal issue in every case, and it should include a
reference to a rule of law. The legal issue is different from a fact; for example, it is not
enough to determine whether or not the defendant ran the red light (fact), but the
court also must decide whether running the red light caused the accident (law). It is not
enough to determine whether the soil fell into the wetland (fact) but whether putting
soil into the wetland is a discharge of a “pollutant” in violation of the Clean Water Act.
Example 1: Was Brekken negligent, resulting in damage to Anderson’s car?
Example 2: Did Anderson unlawfully discharge a “pollutant” into the wetland
when some of the plowed soil fell into the wetland?
V. Rule (2 points): This is a statement of the law. The rule does NOT contain information
about this specific case. It is the rule that applies to ANY case of this kind, which the
judge uses to decide this particular case.
Example 1: If a driver violates a traffic law (i.e., running a red light) and an
accident results, the offending driver was negligent and liable for the damage
to anyone who is injured.
Example 2: The CWA defines a pollutant as anything that changes the
hydrological function of a jurisdictional water body.
VI. Holding (3 points): Identify the outcome of the case, applying the law to the facts. It is
the answer to the question you identified in the Issue. It also contains the rule as a
justification for the outcome (in the example, notice that the first part answers the
question in the issue,
followed by “because…” and a basic statement of the rule.) The
outcome of the case is usually clearly stated in the case, such as “we hold that the
defendant…”
Example 1: Brekken is liable for the damage to Anderson’s car because
running a red light violates a traffic law, which is negligent behavior when
driving.
Example 2: Anderson discharged a pollutant into the wetland because
compacting and adding soil to a wetland changes its hydrological function and
is therefore a “pollutant.”
VII. Reasoning (3 points): State the reasoning behind the rule (law) and/or the holding
(facts). Connect the facts to the rule by giving the rationale for the outcome of the case.
How did the court come to its conclusion? What were the reasons it decided the case
the way that it did? Address the reasoning behind the rule (law) and the holding (facts).
This section is typically 1-2 paragraphs long. In environmental law, the court often
explains why the rule was interpreted in a particular way based on the language and
purpose of the law.
Example 1: Violating a traffic law is likely to cause a traffic accident whenever
it happens. All motorists have a duty to follow the traffic laws, therefore, a
violation of a traffic law is negligent behavior. By running a light, the
defendant created a high likelihood of causing an accident, and actually
caused an accident. The defendant’s behavior was negligent.
Example 2: Under the CWA, anything that changes the hydrological function
of a wetland is “pollution” that may not occur without a permit. The language
of the statute is clear, and if Congress wanted to exempt plowed soil, it could
have made an exception in the statute.
VIII. Your opinion (1 point):
Do you agree with the conclusion of the court? Why or why
not?
As long as your opinion reflects the factual and legal basis of the case, you are
free to agree or disagree with an outcome. Explain why you agree or disagree.
Example 1: I agree that Brekken should be liable for the damage to
Anderson’s car because running a red light is inherently dangerous and it is
fair to compensate Anderson for damage that she did not cause.
Example 2: I disagree that unintentional plowing on the edge of a wetland is
unlawful because I think that the wetland was not totally destroyed and can
be rehabilitated.
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