Usa, Acting at Request of the Administrator of the United States Environmental Protection Agency (Epa) v. Olin Corporation

KRAVITCH, Senior Circuit Judge:

Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) to counteract the environmental threats associated with hazardous waste disposal. In this case, the district court dismissed the government’s complaint brought under CERCLA against Olin Corporation (“Olin”). It ruled that: (1) the Constitution prohibits enforcement of CERCLA against a party if the environmental effects of that party’s conduct remain limited to its own property; and (2) CERC-LA’s cleanup liability provisions apply prospectively only. The…