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Environmental Law, W. Scott Laseter, Julie V. Mayfield

Mercer Law Review

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 predecessors 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 Acts and an effort to use the Migratory Bird Treaty Act to block timber harvest in a national forest. Further, the survey period saw the continued emphasis on citizens' suits, the …