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Publication Date

7-1998

Document Type

Survey Article

Abstract

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 use of the Environmental Protection Agency's enforcement power to repair wetlands, and the use of criminal provisions to enforce federal environmental law.

In terms of organization, this Article begins with a discussion of the decision under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), then reviews three cases decided under the Clean Water Act ("CWA"), and concludes with a discussion of the Eleventh Circuit's first opinion on the Migratory Bird Treaty Act ("MBTA").

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