Court wary of GE's constitutional challenge to Superfund cleanup orders

摘要

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit appeared skeptical last week of General Electric's long-running constitutional challenge to a legal tool used by EPA to force companies to clean up hazardous waste sites. The company's complaint centers on Section 106 of the Superfund law — known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). That provision gives EPA the authority to issue "unilateral administrative orders" (UAOs) to companies, known as "potentially responsible parties (PRPs)," requiring immediate action to remediate contaminated sites.