CLEAN WATER AND MUDDY CAUSATION - IS CAUSATION A QUESTION OF LAW OR FACT, OR JUST A WAY OF ALLOCATING BLAME

This article looks at how the courts have recently tackled causation issues in pollution cases, and compares this approach with that taken in cases of homicide. The conclusions suggest a confusion which may be explained by uncertainties surrounding the use of strict liability. The author suggests the need for a reassessment of the relationship between causation and culpability.