Constitutional Implications of CERCLA: Due Process Challenges to Response Costs and Retroactive Liability

Abstract

This Article addresses the question of whether CERCLA applies retroactively to response costs and to liability for releases of hazardous substances. In addition, it examines whether the retroactive application of CERCLA violates the due process clause of the fifth amendment.

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Retroactive judicial decisions, Retroactive laws

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William A. Montgomery Jr. (Washington University School of Law)

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