§15.8 - Right to a Jury Trial

• Jurisdiction: Washington

§15.8 RIGHT TO A JURY TRIAL

The issue of whether parties have a right to a jury trial in NRD actions is unresolved. In Washington, the Court of Appeals has held that the parties do have the right to a jury trial. But other jurisdictions are split on the issue. Courts have uniformly held that no Seventh Amendment right to a jury trial exists in CERCLA response cost actions because response costs entail remediation of the environment, which is essentially an equitable remedy. United States v. Mottolo, 605 F. Supp. 898, 913 (D.N.H. 1985); United States v. Ward, 618 F. Supp. 884, 913 (E.D.N.C. 1985). In contrast, the majority view of courts is that a right to a jury trial exists in CERCLA actions for NRD.

In In re Acushnet River & New Bedford Harbor (Acushnet II), 712...