This section contains the nature of the case and procedural background.

D has operated a chemical manufacturing facility in McIntosh, Alabama since 1951. The plant produced mercury- and chlorine-based commercial chemicals that contaminated significant segments of D's property. The contamination remains localized to D's site because D regulates groundwater flow beneath its property. P brought a civil action seeking a cleanup order pursuant to sections 106(a) and 107 of CERCLA. P and D agreed to a consent decree. They presented the consent decree to the district court and it sua sponte ordered them to address the impact of the Supreme Court's decision in United States v. Lopez invalidating Gun-Free School Zones Act under the Commerce Clause. D asserted that the Lopez Court's construction of the Commerce Clause precluded constitutional application of CERCLA in this case. The district court agreed with D and denied the motion to enter the consent decree and dismissed the P's complaint. The district court found that the enforcement of CERCLA against D violated the Commerce Clause as interpreted by the Supreme Court in Lopez. P appealed.

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