Opinion · Supreme Court of the United States
Ashenbaugh v. Crucible Inc. 1975 Salaried Retirement Plan
490 U.S. 1105
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1989-06-12
- Topic
- general
How later courts describe this case
- holding that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) did not constitute an unlawful bill of attainder
- stating "the language of CERCLA's new contribution provisions reveals Congress's concern that the relative culpability of each responsible party be considered in determining the proportionate share of costs each must bear"
- dismissing equal protection challenge to mandatory retirement for judges in part due to summary action of Supreme Court in Diamond
- holding release pre-dating CERCLA bars CERCLA claim
- supporting the proposition that unfunded early retirement benefits are not "accrued benefits"
- joint and several liability for cleanup costs imposed upon waste generators whose waste caused pollution at site did not violate due process
- traditional common law rules holding two or more persons jointly and severally liable for a single and indivisible harm applicable to federal CERCLA cases
- property owners Hutchinson and Seidenberg held liable under § 107(a)(2) merely by virtue of “ownership of the ... property [and disposal of] hazardous substances ... on the property during their period of ownership”
Citator
UpLaw has not yet analyzed Ashenbaugh v. Crucible Inc. 1975 Salaried Retirement Plan. The absence of a flag is not a finding that it is good law.
- Cited by
- 250 opinions
C. A. 3d Cir. Certiorari denied.