General Electric Co. v. Jackson
United States Court of Appeals for the District of Columbia Circuit
610 F.3d 110 (D.C. Cir. 2010)
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) seeks to promote prompt cleanup of hazardous waste sites and to ensure payment by responsible parties. Under CERCLA, the Environmental Protection Agency (EPA) has the authority to issue a unilateral administrative order (UAO) directing a potentially responsible party (PRP) to clean the site. General Electric (GE) (plaintiff) was in receipt of at least 68 UAOs, and is currently participating in response actions at 70 active CERCLA sites where UAOs may issue. GE brought suit in the United States District Court for the District of Columbia to challenge the constitutionality of the UAO provision of CERCLA, arguing that the statute and procedures violated the Due Process Clause. The district court dismissed all of GE’s claims. GE appealed.
Rule of Law
Holding and Reasoning (White, J.)