Constitutional Challenges to Retroactive Superfund

By | Environmental | No Comments

A recent Supreme Court decision gives new life to PRP challenges to the retroactive application of Superfund. In Eastern Enterprises v. Apfel, 118 S. Ct. 2121 (June 25, 1998), the Supreme Court held a retroactive requirement to fund health care costs an unconstitutional taking, applying takings law for the first time to the imposition of liability to pay claims.