Hudson v. Transocean Air Lines

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that ownership of a hazardous substance is not required for liability under CERCLA to attach
• holding that actions brought by the Administrator under § 6973(a) may impose liability for acts of disposal predating the effective date of RCRA
• upholding the constitutionality of retroactive application of CERCLA under both the Due Process and Takings Clauses of the Fifth Amendment
• holding Resource Conservation and Recovery Act of 1976 was not retroactive because it imposed liability for the present and future conditions—i.e., continued leaking of hazardous waste—resulting from defendant’s prior dumping practices, which ceased prior to enactment
• acknowledging that there is no express statement from Congress regarding retroactivity and that the conduct at issue had occurred years prior to CERCLA enactment, but holding that it is manifestly clear that Congress intended CERLCA to apply retroactively
• noting that CERCLA’s “statutory scheme itself is overwhelmingly remedial and retroactive”

Source: CourtListener parenthetical corpus (CC0).