Ashenbaugh v. Crucible Inc. 1975 Salaried Retirement Plan

Parentheticals

• holding that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) did not constitute an unlawful bill of attainder

  Rhode Island Depositors Economic Protection Corp. v. Brown

• 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"

  Environmental Transportation Systems, Inc. v. ENSCO, Inc.

• dismissing equal protection challenge to mandatory retirement for judges in part due to summary action of Supreme Court in Diamond

  EEOC v. State of NY

• dismissing equal protection challenge to mandatory retirement for judges in part due to summary action of Supreme Court in Diamond

  Equal Employment Opportunity Commission v. New York

• holding release pre-dating CERCLA bars CERCLA claim

  CPC International, Inc. v. Aerojet-General Corp.

• supporting the proposition that unfunded early retirement benefits are not "accrued benefits"

  American Stores Co. v. American Stores Co. Retirement Plan

• 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”

  Environmental Transportation Systems, Inc. v. ENSCO, Inc.

• supporting the proposition that unfunded early retirement benefits are not “accrued benefits”

  American Stores Co. v. American Stores Co. Retirement Plan

• joint and several liability for cleanup costs imposed upon waste generators whose waste caused pollution at site did not violate due process

  In Re Blue Diamond Coal Company

• traditional common law rules holding two or more persons jointly and severally liable for a single and indivisible harm applicable to federal CERCLA cases

  Mathis v. Parks

• joint and several liability for cleanup costs imposed upon waste generators whose waste caused pollution at site did not violate due process

  Blue Diamond Coal Co. v. Secretary of Health & Human Services (In re Blue Diamond Coal Co.)

• 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”

  United States v. a & N Cleaners and Launderers, Inc.