Experience is a cruel teacher, and I write this article in the hope that others will be spared some of the evidence problems I have faced. Environmental trial practice is unique because of the incredible breadth of environmental laws, as well as the great variety of disputes. Environmental law is an amalgamation of federal and state common law, with a number of statutory structures (federal and state) adding to the mix.
To add to the complexity, environmental law covers a number of areas, ranging from coastal zone management (CZMA), storm water discharge (CWA and SWD), hazardous waste remediation (Spill Act and CERCLA), air pollution (CAA), chemical process (TSCA), preventing manufacturing from contaminating (RCRA), landfill design and operation (SWDA), protection of endangered and threatened species (ESA)—and this list does not cover dozens of other areas such as nanotechnology, farm run-off, lead paint pollution, asbestos, nuisance, trespass, second-hand smoke, pesticide application, underground storage tanks (USTs), etc.
Environmental Hearings: Forum Dictates the Rules
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