Articles

Did Justice Scalia support the ‘continuing violation’ theory?

April 12, 2018 | By DAMIEN SCHIFF

An important tool that the government and environmental groups use to sue landowners for alleged and long-ago discharges of pollution under the Clean Water Act is the so-called “continuing violation” doctrine. As its name implies, the doctrine teaches that, under certain circumstances, a wrongful act that is not remedied continues in ti ...