June 01, 2017

Jury Trials under Environmental Statutes

Douglas A. Henderson and Justin T. Wong

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.

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