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The Supreme Court's Water Pollution Jurisprudence: Is The Court All Wet?, Jeffrey G. Miller
The Supreme Court's Water Pollution Jurisprudence: Is The Court All Wet?, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
Part I of this article sets the stage with a brief survey of federal water pollution control, focusing on the CWA. Part II examines statistical conclusions and inferences from a cursory review of the Court's CWA opinions. Part III examines some of the opinions in a more qualitative manner to determine whether the statistical conclusions withstand analysis and whether the Court understands the CWA. The latter determination requires examining the nature and severity of the Court's misinterpretations of the statute. Part IV examines the Court's decisions with anti-environmental results to determine whether they reflect an anti-environmental bias or the other …
Gwaltney Of Smithfield Revisited, Ann Powers
Gwaltney Of Smithfield Revisited, Ann Powers
Elisabeth Haub School of Law Faculty Publications
This article returns to the earlier Gwaltney decision, looking both to the text of the Gwaltney opinion, and to internal memoranda demonstrating the debate which occurred among the justices themselves over the nature of the beast with which they were dealing: a confusing mixture of subject matter jurisdiction, substantive cause of action and constitutionally based standing requirements. This review leads to the conclusion that the opinion's lack of analytical clarity, which created substantial confusion for courts and litigants, could have been avoided by a more carefully reasoned work based on the Court's internal discussions. Further, the Court's decision in Steel …
What Comes Out Must Go In: Cooling Water Intakes And The Clean Water Act, Karl R. Rábago
What Comes Out Must Go In: Cooling Water Intakes And The Clean Water Act, Karl R. Rábago
Elisabeth Haub School of Law Faculty Publications
It is time to measure progress under section 316 of the Clear Water Act, the one section of the Act that focuses not on discharges, but on intakes. Part II of this Article discusses the environmental hazards in more detail and explains how cooling water intakes produce them. Part III of this Article examines the history of regulation and nonregulation under section 316(b) of the Clean Water Act, describes the development of the "common law" concerning the regulation of cooling water intakes, and explores the effect of EPA's regulatory actions and omissions on state regulatory efforts. Part IV assesses the …