Part I of this article sets the stage with a brief survey of federal water pollution control, focusing on the CWA. Part II examines statistical conclusions and inferences from a cursory review of the Court's CWA opinions. Part III examines some of the opinions in a more qualitative manner to determine whether the statistical conclusions withstand analysis and whether the Court understands the CWA. The latter determination requires examining the nature and severity of the Court's misinterpretations of the statute. Part IV examines the Court's decisions with anti-environmental results to determine whether they reflect an anti-environmental bias or the other factors suggested. Table A lists the Court's opinions under the statutes administered by the EPA, documenting that the Court's CWA decisions outnumber those under any other EPA administered statute. Table B contains basic information about the Court's CWA opinions, from which the conclusions in Part II are drawn.
Jeffrey G. Miller, The Supreme Court's Water Pollution Jurisprudence: Is the Court All Wet?, 24 Va. Envtl. L.J. 125 (2005), available at http://digitalcommons.pace.edu/lawfaculty/292/.