| Abstrakt: |
The article provides information about the U.S. lawsuit, General Electric Company vs. Stephen L. Johnson and U.S. Environmental Protection Agency (EPA). General Electric (GE) brought a constitutional challenge to section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The defendants brought a motion for summary judgment, contending that GE's challenge is a facial challenge and, thus, GE must prove that the statute is unconstitutional in every application. EPA argued that, at the very least, section 106 is constitutional in emergency situations and that, therefore, GE's challenge must fail. GE responded that its challenge was not only a facial challenge but that its due process challenge was also based on EPA's pattern and practice of administering section 106. Section 106 of CERCLA allows EPA to clean up a site that has been contaminated with hazardous waste and to then file suit in a federal district court to compel a party to comply with EPA's remedy. |
