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DTSC’s Lien Procedure Found to Violate Due Process
December 4, 2014 / Stephen C. Lewis and Sherry Jackman
In Van Horn v. Department of Toxic Substances Control (“DTSC”), a California Court of Appeal found that DTSC’s procedure for imposing liens on property under the California “Superfund” law violates due process of law. Specifically, the court noted that DTSC’s procedure fails to allow an affected landowner to dispute the amount of a lien, the extent of property burdened by the lien, and the characterization of the landowner as a responsible party. Applying a seminal...