Legal Commentary

Is Superfund Unconstitutional?

By Jonathan H. Adler

The BLT reports on the latest act in General Electric?s longstanding effort to challenge the constitutionaliity of portions of the Comprehensive Emergency Response, Cleanup, and Liability Act, aka ?Superfund.?  Before the U.S. Court of Appeals for the D.C. Circuit yesterday, GE?s lawyers argued that the Environmental Protection Agency?s use of administrative orders to force cleanup at some sites violates due process.  I have some sympathy for the argument, as I understand it, but from BLT?s report (and my understanding of the relevant caselaw), I think GE has a tough hill to climb on this one.

Full post as published by The Volokh Conspiracy on May 19, 2010 (boomark / email).