California Federal Judge: Retroactive Application Of CERCLA Is Constitutional

(February 28, 2024, 8:17 AM EST) -- LOS ANGELES — The former operator of a secondary lead smelter that contaminated nearby soil and groundwater may be liable for the past cleanup costs caused by the contamination because retroactive application of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is constitutional and does not violate due process, a California federal judge found in denying the operator’s motion for summary judgment....