With no explanation, chose the best option from "A", "B", "C" or "D". See N.T. (June 15, 1992) at 8. 17 . Similarly, since CERCLA does not impose punishment, it cannot constitute a bill of attainder. See Tyson, 1986 Westlaw 9250 at * 14. 18 . The defendants will be given an opportunity to prove that the EPA’s actions were inconsistent with the NCP in a bench trial to be held on December 28, 1992. 19 . In Pennsylvania v. Union Gas Co., 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1 (1989), the Supreme Court held that, when it enacted CERCLA, Congress overrode the states Eleventh Amendment immunity. See Union Gas, 491 U.S. at 6-7, 109 S.Ct. at 2276-77; United States v. New Jersey Department of Environmental Protection, 1991 Westlaw 208877 * 2 (D.N.J. Oct. 8, 1991). See also CPC International, Inc. v. Aerojet-General Corp., 731 F.Supp. 783, 791 (W.D.Mich.1989) (<HOLDING>). Although the Union Gas court observed that

A: holding the michigan department of natural resources liable under cercla for remedial actions which exacerbated the contamination at a site
B: holding that a contract whereby a foreign state grants a private party a license to exploit the states natural resources is not a commercial activity under the fsia since natural resources to the extent they are affected with the public interest are goods in which only the sovereign may deal
C: holding that site control alone is an improper basis for imposition on lessees of owner liability under cercla
D: holding that parties liable for at least a portion of the costs of remediating a hazardous site are limited to the contribution scheme under section 9613f of cercla
A.