State Ex Rel. Brown v. Georgeoff

How courts have described this case

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

• concluding that CERCLA is not a remedial statute because it creates an entirely new procedure for enforcing substantive rights
• noting that while the use of past tense may apply to pre-enactment conduct, it is not sufficient on its own to conclude that Congress intended retroactive application
• finding sufficient evidence that Congress intended CERCLA to apply retroactively to override the presumption against retroactivity
• Investigatory costs are not within the definition of response costs. Section 9607(a)(4)(A) requires that the complaint sufficiently allege costs incurred.
• State successfully brought § 9607(a)(4)(A) action to recover costs of cleaning up private dumpsite
• declaratory judgment available to State in suit filed prior to SARA

Source: CourtListener parenthetical corpus (CC0).