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
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 holding the michigan department of natural resources liable under cercla for remedial actions which exacerbated the contamination at a site 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 holding that site control alone is an improper basis for imposition on lessees of owner liability under cercla holding that licensing the exploitation of natural resources is a sovereign activity under the fsia