Abstract
In Tull v. United States, the United States Supreme Court firmly established the right to civil jury trial in civil penalty actions under the Clean Water Act ("CWA"). In doing so, the Court overruled a growing body of recent case law holding the civil penalty provisions of the CWA to be equitable in nature, and thus outside the seventh amendment civil jury trial requirement. The Tull decision reinstates what had been a well-settled conclusion regarding statutory civil penalty actions; that is, that statutory civil penalty actions are cases at common law within the meaning of the seventh amendment's mandate, and thus require jury trial on demand by either party.
Recommended Citation
Dyner, Mark
(1988)
"Tull v. United States: Jury Trial Required in Statutory Civil Penalty Actions,"
Utah Law Review: Vol. 1988:
No.
2, Article 5.
Available at:
https://dc.law.utah.edu/ulr/vol1988/iss2/5