#2 Missouri's Spill Bill imposes liability specifically on "a person having control over a hazardous substance" during a hazardous-substance emergency. In January 2000, Binary Coastal leased some land to a service station but had nothing to do with day-to-day operations or with the activities involving hazardous substances. In February, Binary Coastal's lessee experienced a release of hazardous substances. Did Binary Coastal have control of these substances at the time of release?
And here's an example from a published casei--one in which no judge dissented. Yet you might well conclude that the hypothetical dissent (#2) is the better view.
#1 Under principles of statutory construction, when statutes are in conflict, the specific controls over the general. In 1986, the Legislature narrowly tailored the retirement statutes so that a retiree over the age of 55 who decided on a lump-sum payment of benefits would forfeit certain other benefits. The Equal Employment Opportunity Commission now claims that this amendment is impermissible in light of the 1963 age-discrimination statute, which is broadly worded. Which statute controls?
#2 Since 1963, the statutory law of this state has prohibited age discrimination. Yet in 1986, the Legislature amended the retirement statutes in a way that forced retirees over the age of 55 to forfeit some of their benefits if they chose a lump-sum payment--but allowed those under 55 to make this choice with no such penalty. Did the Legislature intend this anomalous reversal of its long-held policy against age discrimination?
i. Nebraska Equal Opportunity Comm'n v. State Employees Retirement Sys., 471 N.W.2d 399 (Neb. 1991).
