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GENERAL ELECTRIC COMPANY v. JOHNSON

No. CIV.A. 00-2855(JDB).

362 F.Supp.2d 327 (2005)

GENERAL ELECTRIC COMPANY, Plaintiff, v. Stephen L. JOHNSON, Acting Administrator, United States Environmental Protection Agency, and the United States Environmental Protection Agency, Defendant.

United States District Court, District of Columbia.

March 30, 2005.

Attorney(s) appearing for the Case

Carter G. Phillips, Thomas G Echikson, Sidley Austin Brown & Wood, Washington, Laurence H. Tribe, Harvard Law School, Cambridge, MA, Counsels for plaintiff.

Angeline Purdy, U.S. Department of Justice, Environmental Defense Section, Washington, Counsel for defendants.

Lisa Emily Heinzerling, Georgetown University Law Center, Washington, Counsel for movant Natural Resources Defense Council, Inc., Hudson River Sloop Clearwater, New York Rivers United, Riverkeeper and Scenic Hudson.

Raymond B. Ludwiszewski, Gibson, Dunn & Crutcher, L.L.P., Washington, Counsel for amicus Chamber of Commerce of the United States.

Robert J. Kafin, Proskauer Rose, L.L.P., Washington, Counsel for amicus Washington County Cease, Inc.

Michael W. Steinberg, Morgan, Lewis & Bockius, L.L.P., Washington, Counsel for amicus American Chemistry Counsel.

Robert J. Kafin, Proskauer Rose, L.L.P., Washington, Counsel for amicus Washington County Cease, Inc.

Michael Ward Steinberg, Morgan, Lewis & Bockius, L.L.P., Washington, Counsel for movant American Chemistry Council.

MEMORANDUM OPINION

BATES, District Judge.

Plaintiff General Electric Company ("GE" or "plaintiff") has brought a broad constitutional challenge to section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA" or "the Act"), 42 U.S.C. § 9601 et seq. GE seeks a declaratory judgment that section 106, 42 U.S.C. § 9606, in tandem with sections 107(c)(3) and 113(h), 42 U.S.C. §§ 9607(c)(3)...

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