Pennsylvania v. Union Gas Co.

JUSTICE MARSHALL, JUSTICE BLACKMUN, and JUSTICE STEVENS join.

This case presents the questions whether the Comprehen-sive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U. S. C. § 9601 et seq., as amended by the Superfund Amendments and Act of 1986 (SARA), Pub. L. 99&emdash;499, 100 Stat. 1613, a suit for monetary damages against a State in federal court and, if so, whether Congress has the authority to create such a cause of action when legislating pursuant to the Clause. The answer to both questions is "yes."

I

For about 50 years, the predecessors of respondent…