General Electric Company v. Johnson

MEMORANDUM OPINION

BATES, District Judge.

Plaintiff General Electric Company (“GE” or “plaintiff’) has brought a broad constitutional challenge to section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” or “the Act”), 42 U.S.C. § 9601 et seq. GE seeks a declaratory judgment that section 106, 42 U.S.C. § 9606, in tandem with sections 107(c)(3) and 113(h), 42 U.S.C. §§ 9607(c)(3), 9613(h), creates a regime that violates the Due Process Clause of the Fifth Amendment. Am. Compl. at ¶ 1. Presently before the Court is the motion for summary judgment of…