Wagner Seed Company, Inc. v. George Bush, as President of the United States of America

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

Dissenting opinion filed by Circuit Judge STEPHEN F. WILLIAMS.

D.H. GINSBURG, Circuit Judge:

After complying with a clean-up order issued by the Environmental Protection Agency under the so-called Superfund law, Wagner Seed Company sought reimbursement of its expenses from the agency. The EPA denied Wagner’s claim, concluding that the reimbursement provision of the statute does not apply to Wagner because the Congress passed it after Wagner had received the EPA clean-up order. Wagner then sued.

The district court dismissed the case,…