General Electric v. Johnson
United States District Court for the District of Columbia
362 F. Supp. 2d 327 (2005)
- Written by Oni Harton, JD
Facts
General Electric (GE) (plaintiff) brought a constitutional challenge to Section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). GE asserted that an order under CERCLA Section 106 violated the Due Process Clause of the Fifth Amendment. Specifically, GE argued that it and other potentially responsible parties (PRPs) were deprived of property without a deprivation hearing. GE also argued that CERCLA violated procedural due process based on fines and penalties under CERCLA Sections 106 and 107. The United States Environmental Protection Agency and its acting administrator, Johnson (EPA) (defendant), moved for summary judgment against GE’s constitutional challenge.
Rule of Law
Issue
Holding and Reasoning (Bates, J.)
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