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Causation, proof of

<i>Rapanos v. United States</i>: Searching for a Significant Nexus Using Proximate Causation and Foreseeability Principles

Editors' Summary


The U.S. Supreme Court issued its decision in Rapanos v. United States more than four years ago. Because no single opinion garnered a majority of the Justices' votes, the controlling test for...

Making the Case for Causation in Toxic Tort Cases: Superfund Rules Don't Apply

While causation is often a paramount obstacle to prosecuting a toxic tort claim, judicial interpretation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) generally has eliminated consideration of...

Causality in Epidemiology, Health Policy, and Law

Editors' Summary: Determining the impact that environmental forces have on human health is an integral part of environmental law and policy. A determination of this impact must, of course, begin with a determination of whether there...