Volume 36

Friends-and Enemies-of the Everglades: Unitary Waters in the Federal Courts

16th February 2011 By: Michael Kettler

Splash of WaterThis past November, the Supreme Court declined to hear the case Friends of the Everglades v. South Florida Water Management District.  That case was the first in which a federal appeals court accepted the "unitary waters" theory, an interpretation of the Clean Water Act that treats all bodies of water in the United States as a single body.  This Field Report discusses the background and aftermath of the Bush administration's adoption of the unitary waters theory.  Although Friends of the Everglades was a troubling development, subsequent decisions have limited the damage.

The Toxic Substances Control Act: A Proposal for Reform

24th October 2010 By: Ben Schifman

America’s regulation of toxic substances through the Toxic Substances Control Act (“TSCA”) should be reformed to require greater testing and disclosure of information about chemicals, and to allow EPA to more easily regulate these substances.


Bad Math in CERCLA Apportionment: The Untold Tale of Burlington Northern

17th October 2010 By: Nicholas J. Houpt

 The apportionment formula originally used by the district court and upheld by the Supreme Court in Burlington Northern cannot be justified mathematically and, in fact, drastically distorts a defendant's true share of liability.