The Urban Lawyer,
Vol. 29, No. 1, Winter 1997
Publication Date: February 25, 1997
Robert H. Freilich, Editor's Comment: The Use of a Special Master in Complex Environmental Litigation, 29 Urb. Law. 1 (1997).
The author served as the special master in United States v. Conservation Chemical Co., the nation's largest Superfund case to date, and now finds it appropriate to write about his experience, for a number of reasons. First, an interesting array of procedural experiments were used to reduce the time and expense involved in multiple-party litigation. Second, the interest of the organized bar in alternative dispute resolution makes this publication of increasing interest, with great numbers of parties (over 260 were involved in the case) and the ultimate agreed upon settlement. Third, Congress has continuously looked for ways to amend CERCLA to provide for a more efficient and expeditious method of resolving complex environmental litigation. Finally, the U.S. Supreme Court has cast doubt on the ability of Congress to place either mandatory police power constraints upon the states to enact regulation, or to require states to pay damages for violation of federal legislation by reason of the limitations placed upon Congress by the Eleventh Amendment. By reviewing his role in the resolution of this complex environmental litigation, he hopes to assist readers in determining if a special master would be useful in similar cases.
Michael K. Whitman, The Ripeness Doctrine in the Land-Use Context: The Municipality's Ally and the Landowner's Nemesis, 29 Urb. Law. 13 (1997).
Micas, Steven L., The Doctrinal Basis for Absolute and Qualified Public Official Immunities, 29 Urb. Law. 47 (1997).
H.L. "Mike," McCormick, Excessive Force Claims Under the Fourteenth Amendment, 29 Urb. Law. 69 (1997).
John Bender, Solid-Gold Photocopies: A Review of Fees for Copies of Public Records Established Under State Open Records Laws, 29 Urb. Law. 81 (1997).
Rebecca J. Schwartz, Comment: Public Gated Residential Communities: The Rosemont, Illinois, Approach and Its Constitutional Implications, 29 Urb. Law. 123 (1997).
With Cases, Statutes, and Recent Developments covering:
EnvironmentSierra Club v. United States Environmental Protection Agency 1996 WL 657868 (10th Cir. 1996).
Backcountry Against Dumps & Donna Tisdale v. Environmental Protection Agency, 1996 WL 621924 (D.C. Cir 1996).
Government OperationsBery v. City of New York, 97 F.3d 689 (2d Cir. 1996).
Romer v. Evans, 116 S. Ct. 1620 (1996).
Becker v. Federal Communications Comm'n, 95 F.3d 75 (D.C. Cir. 1996).
Land Use, Planning, and ZoningCity of Edmonds v. Oxford House, Inc., 115 S. Ct. 1776 (1995).