Under the Clean Water Act (CWA), the Clean Air Act, and other environmental statutes, when and on what issues is a plaintiff—or defendant—entitled to a jury trial? However straightforward this question might sound, it triggers a range of challenging constitutional construction and statutory interpretation issues, often so blurred that parties simply agree to a bench trial.
June 01, 2017
Jury Trials under Environmental Statutes
Douglas A. Henderson and Justin T. Wong
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