General Electric Co. v. Jackson
United States Court of Appeals for the District of Columbia Circuit
610 F.3d 110 (D.C. Cir. 2010)
Relevant factsFree
Under CERCLA, the EPA (defendant) may issue unilateral administrative orders (UAOs) directing potentially responsible parties to clean up hazardous sites; GE (plaintiff) had received at least 68 such orders and was involved in 70 active CERCLA sites where more could issue. GE sued to challenge the UAO process as facially unconstitutional under the Due Process Clause, and the district court dismissed the claims; GE appealed.
IssueFree
Whether the EPA's use of unilateral administrative orders to enforce CERCLA violates due process.
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