RECENT FEDERAL DECISIONS

June 2005

To read this entire item of approximately 925 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

D.C. District Court Partially Dismisses Claim that CERCLA Section 106 Orders Are Unconstitutional
General Electric Company v. Johnson, ___F.Supp.2d___

The United States District Court for the District of Columbia ruled recently that § 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not unconstitutional on its face. The court also ruled, however, that a claim alleging a pattern and practice by the U.S. Environmental Protection Agency (EPA) of carrying out § 106 in an unconstitutional fashion may survive summary judgment and proceed to the discovery stage of the case.