Cultural Competence with Gay and Lesbian Essay Example for Free

Cultural Competence with Gay and Lesbian Essay Being gay or lesbian has several implications notable of which are the manifestations of discrimination. Such effect is aggravated by a condition wherein the homosexuals are part of a diversified culture. This paper aims to make a presentation on â€Å"Cultural Competence with Gays and Lesbians† as discussed in the textbook written by Doman Lum. In doing so, it is the ultimate objective of this paper to make the public realize the important functions of social work professionals particularly their cultural capabilities in handling issues such as discrimination concerning homosexuals. Cultural Competence with Gay and Lesbian Introduction There is a joke about four people who are about to be fired because their company is facing profit loss. The manager failed to fire the initial three employees composed of black man, Mexican and woman. This is because the three threaten to sue the company for discriminating people based from their race, ethnic or culture and gender. The manager then was bent in firing the fourth employee noting there will be no problem at all because he is a male white American. Hence, to avoid dismissal, the fourth employee simply says â€Å"Well, I guess I could be gay† (â€Å"Gay joke – positive discrimination,† 2007). The said joke and its implication manifest that the concept of homosexuality has long been of undeniable significance to humans’ existence and the reality of being in different cultures where they belong. Hence, it is of equal relevance that being homosexual and the idea of cultural competence with gay and lesbian are effectively presented. This is because of the notable relationship which exists between homosexuality and racial or cultural color. Most importantly, it is also empirical to talk about that being gays and lesbians in a diversified culture results into the very damaging practice of discrimination. It is, therefore, of ultimate concern and objective that the value of having understandable presentation about being homosexual in varied culture is realized. This is possibly achieved if people with expertise will discuss the subject matter. This is due to the need for clear presentation of all the details which paves the way for being culturally capable with homosexual persons and eventually resolving the issue of discrimination. Of Gays and Lesbians In today’s modern society, the commonality of being and lesbian has sets ground. In fact, social recognition and work practice have advanced due to the fact that significant number of gays and lesbians from various cultures already came forward. Gone are the days that homosexuality is perceived as a social ill which requires change. Thus, concerned field professionals realize nowadays the existing personal and cultural identities of homosexuals by exerting earnest efforts at upholding their distinct nature of being gays and lesbians. This condition was what Walters, Longres, Han and Icard (2006) stated when they discussed the concept of â€Å"cultural competence with gay and lesbian persons of color† (Walters, Longres, Han Icard, 2006). In presenting further the issue, Walters and company explained that while homosexuality is now openly talked about, it is significantly worthy to consider and focus on the conditions affecting gays and lesbians of color or what they called GALOCs. This is because through a clear and mind-opening discussion about the negative or harmful situations that homosexuals of diversified cultures are experiencing, the society is aimed at realizing the important contributions and roles of social work professionals. In doing so, addressing, if not resolving concerns and the various forms of discrimination against GALOCs are easily achieved (Walters, Longres, Han Icard, 2006). Cultural Competence with Gays and Lesbians It is necessary for social workers or professionals to exemplify cultural competence in dealing with homosexuals of various ethnic roots. This is in order to identify the nature and eventually come up with possible solutions to the experiences of discrimination against gays and lesbians. Prejudice due to being homosexual is itself not in accordance with human nature thus aggravating the situation by subjecting gays and lesbians to unfairness due to their respective or varying cultures causes more alarm (Walters, Longres, Han Icard, 2006). Walters and company emphasized the principle of cultural ability and proficiency of social workers or professionals in handling issues concerning gays and lesbians. They stated that the effective development of a well and cultural characteristics among GALOCs calls for the social professionals’ competence to talk and resolve issues such as discrimination against gays and lesbians of different race. This is where the clear link between racial personality and sexual distinctiveness of gays and lesbians definitely matters. This is because once recognized, social professionals are able to respond and resolve the condition of bias inflicted among homosexuals of various colors (Walters, Longres, Han Icard, 2006). This is particularly realized based from the manifestations of discrimination made to several homosexuals from racial groups composed of â€Å"First Nations Peoples, African Americans, Asian Americans and Latino/s Americans† (Walters, Longres, Han Icard, 2006). In doing so, Walters and company learned that there is indeed a need for cultural competence among social professionals in order to underline the harmful effects of social injustices which the gays and lesbians inevitably suffer (Walters, Longres, Han Icard, 2006). Supporting the above-mentioned principles, it can be said that cultural capability, particularly as regard the social professionals’ service and practice towards GALOCs, requires the critical assessment of numerous social and private characteristics. It also needs the recognition of inconsistent duties as well as several factors that relate with discrimination of gays and lesbians coming from different cultures. Social fairness orientation, as far as social work service and practice towards homosexuals is concern, makes us wary that oppression and discrimination should cease to exist. If it is otherwise tolerated to happen in the areas of culture and gender or sexual preference, then nobody, not even the gays and lesbians are really free (Walters, Longres, Han Icard, 2006). Conclusion Cultural competence with gays and lesbians is attributed to the abilities of social professionals. This means that culturally-capable social work service and its professionals need liberating pedagogy which respects the value of the fight for cultural and gender impartiality for homosexuals. And this ultimately includes the fight against discrimination. References In my mind’s eye. (2007, December 19). Gay joke – positive discrimination. Message posted to http://pure-eyecontact. blogspot. com/2007/12/gay-joke-positive-discrimination. html Walters, K. L. , Longres, J. F. , Han, C. Icard, L. D. (2006). Cultural Competence with Gay and Lesbian Persons of Color. In Doman Lum (Ed. ), Culturally Competent Practice: A Framework for Understanding Diverse Groups and Justice Issues (389-423). Kentucky: Thomson Brooks/Cole.

Analysis Of A Balanced Scorecard In Dell

Analysis Of A Balanced Scorecard In Dell Dell is a computer vendor operating online but utilising a retail presence. Their strategy involves specialising in giving the users a choice in what software and specifications they want on their computer. Their target customers are mainly home and business users as they specialise in business laptops as well as home media laptops. Their market segment is the computer vendor market. This segment is occupied by companies such as HP, Lenovo and Acer. In terms of market position, Dell is ranked around third in the PC vendor market with a market share of 10.5%. Competitors Lenovo and HP currently lead Dell in the market with 15.7% and 15.5% respectively (Gartner, 2012). Customers Appendix A. is the customer section of the scorecard Dell wants to become the biggest vendor of computers in the market and the only way theyre going to achieve that is by increasing their market share. Offering discounts would increase their sales and pricing their products more competitively would a similar effect; however this would adversely affect their per unit profit. On-time deliveries relates directly to the customers experience when ordering with Dell. If their computer arrives a week later than expected, theyll leave Dell negative feedback which will affect their customer service reputation, so its vital that they improve their delivery system as much as possible. Although its motivational, offering cash incentives for staff increases the staff expenditure for the year. I chose the number of customer returns to measure the quality of their products because well made products wont result in excessive customer returns. Improved staff training will result in less errors and better product reliability. The only faults in the products would be coming from the specific components, which can be replaced. The number of customer complaints relates to the quality of their customer service. This measure can also be used in conjunction with product launches to find faults in these products. There are limitations on how much they can improve their customer service. Staff retraining (whether its in customer service or in sales) costs a lot of time and money which could affect their financial statements. Financial Appendix B. is the financial section of the scorecard I chose sales growth by segment because it links in with Dells overall plan to take advantage of potential sales in different segments by enabling us to find out where specific sales patterns are occurring. An improvement of 10% seems a bit high but that takes into consideration the anticipation for Windows 8 as well as Dells plans to introduce new touch screen devices. Residual income is the difference between the companys profits and the charge for the use of capital within the business. It represents a good measure of the profitability of the company because it takes the cost of capital into account, something which gross profit margin wouldnt do. Inventory turnover is the rate at which inventory is sold and replaced over time. The target for this figure should be high because Dell specialises in using Just in Time production techniques to minimise their inventory holding, selling it more quickly. A limitation is that production could yield a higher error rate. This could result in more customer returns which would reflect negatively on their customer service. I chose return on invested capital as the performance measure for capital utilisation because it calculates the level of profit their investments generate. It also takes long term debts into account which gives us a better idea of how the profits cover those long term debts. Learning and Growth Appendix C. is the learning and growth section of the scorecard If Dell spends more money on their staff training then the staff will feel more invested than if they were trained for a short period of time. This would link in with their objective of making sure the employees are well trained and professional in their jobs. The only problem with implementing this is that it could easily run up the cost which could adversely affect their financial performance. In order to measure job satisfaction, Dell can use employee turnover which would give them a target to work towards (reducing employee turnover). By offering incentives such as bonuses or perks of the job they can reduce employee turnover however that runs the risk of increasing the cost of their employee wage and salaries budget. Customer surveys would be useful for finding out what new features are desired, whats wrong with the old products or product pricing. Surveys are cheap and cost effective, however they need to offer an incentive otherwise people wont do the survey. Changes to the market mean that Dell need to introduce new available technologies. Reviews and ratings are a suitable measure for this because of their critical nature. However they have to increase the RD budget in order to find out what technologies are practical. Internal Business Processes Appendix D. is the internal business process section of the scorecard Creditor days is a useful measure of improving credit terms with their suppliers since it shows us how long they have to pay them. The target to increase this amount was chosen because Dell is experiencing a low point in sales (during the last month or two). So improved credit terms can help them while theyre experiencing this difficulty. The problem with increasing creditor days is that doing this over a long term will result in working capital problems for them. By measuring the CO2 emissions, Dell can find out how well theyre doing in their global emission reductions. Utilising renewable energy sources can help towards this and improve their reputation. The only limitation is that the transition to renewable energy is a slow process which is contrary to the usual short term-ism of objectives. Energy efficiency is a good measure for how energy efficient the businesses operations are and using a survey to find out how to improve the business operations isnt going to pose a problem. In order to measure the level of recycled products, the rate at which they recycle and reuse (Dell, 2012) products is a useful tool for this purpose. With a 100% rate they can improve their environmental impact and appeal to more green-conscious customers. Critical Analysis of the Balanced Scorecard Benefits The balanced scorecard doesnt solely focus on short term goals in the business; its used to measure the success of a business in achieving long term objectives. This is good because it gives them a long term goal to work towards, taking into account all the other aspects of the business. As stated by Kaplan and Norton (1992) the scorecard puts strategy and vision, not control, at the center. It establishes goals but assumes that people will adopt whatever behaviors and take whatever actions are necessary to arrive at those goals. The measures are designed to pull people toward the overall vision. It measures performance as a whole instead of measuring performance on a departmental level. This is better than traditional management tools because it highlights what parts of the business are linked with each other. If one side is performing badly then all sides (and their goals) will suffer. Difficulties NÃ ¸rreklit argues: During the planning stage the measure variables may be benchmarked against those of the competition, but the scorecard does not presuppose any continuous observation of competitors actions and results or the monitoring of technological developments, which means that the focus of the model is static rather than dynamic (NÃ ¸rreklit, H. 2000). This poses a problem to Dell as theyre in a highly technological sector where they have to stay on top of new developments, so having a strategic model which is too static is counterproductive. The model also focuses on external commitment with employees. NÃ ¸rreklit states that: the employees will try to reach good results in the areas measured, but this will be to the detriment of other elements which may be important, too. It should be noted, however, that this problem is even greater if, as has traditionally been the case, only financial measures are used. (NÃ ¸rreklit, H. 2000). If the employees are focused on meeting the targets set out by the measures, theyll become too goal orientated and wont see the bigger picture of an objective. Conclusion The Balanced scorecard is an effective tool for setting strategic goals and finding out how we can measure their achievement. The problem with the static nature of the table is fairly significant however I believe that this can be rectified by keeping track of technological changes and monitoring competitors strategies. This can be done by studying their product releases or by looking at their expansion into other territories. The scorecard has its advantages in the sense that it avoids the typical short term goals that most managers aspire to achieve. With a focus on long term goals it allows the business to predict future changes to the market, changes that theyll have to adapt to. Word count: 1,500 References Bowhill, B. (2008) Business Planning and Control: Integrating Accounting, Strategy and People. Chichester: John Wiley Sons Ltd. Dell. (2012). Dells Commitment to Zero Waste. .Available : http://content.dell.com/us/en/corp/d/corp-comm/cr-earth-reduce-reuse-recycle.aspx. Last accessed 09th Nov 2012. Forbes. (2012). DELL INC (NASDAQ:DELL) Ratios and Returns. Available: http://finapps.forbes.com/finapps/jsp/finance/compinfo/Ratios.jsp?tkr=DELL. Last accessed 09th Nov 2012. Gartner. (2012). Gartner Says Worldwide PC Shipments Declined 8 Percent in Third Quarter of 2012 as the Market Prepares for the Launch of Windows 8 . Available: http://www.gartner.com/it/page.jsp?id=2194017. Last accessed 09th Nov 2012. Kaplan, R. S., Norton, D. P. (1992). The balanced scorecard-measures that drive performance. Harvard business review, 70 (1), 71-79. Norreklit, H. (2000). The balance on the balanced scorecard a critical analysis of some of its assumptions. Management accounting research. 11 (1), 65-88.

Did The Cold Wars Ending Cause Globalisation Politics Essay

Did The Cold Wars Ending Cause Globalisation Politics Essay Was globalization a cause or consequence of the end of the cold war? Globalization is a concept that is difficult to define. Due to the ambiguity surrounding what globalization actually constitutes, different political theories can have different views on globalization. In reference to whether globalization was a cause or consequence of the end of the Cold War, it can be argued that globalization was both and cause and consequence, depending on what theoretical approach is taken by the individual, as this essay will demonstrate. Globalization is a recent term which essentially encompasses a number of different concepts to explain a worldwide sense of interconnectedness. To understand globalization one needs to think of it as an extensive series of relationships which connect the economic, social, technological and cultural aspects of our (and other peoples) lives. Essentially globalization refers to movement, specifically an awareness that these relationships are changing with increasing speed and volatility as a result of the increasing ability for people, information, goods and services and even ideas to transgress the globe with relative ease, resulting in the relative de-territorialisation of social, economic and cultural activity and ideas within states. However, we must keep in mind that globalization is not homogenous and means a number of different things to different people. The Cold War (1939 1991) was a period of assumed conflict between the Soviet Union (USSR) and the United States of America (USA). Competition between the USSR and the United States was assumed because neither state directly engaged each other in military conflict. However, each state was vying for the dominance of opposing social and value systems (Zimmermann 2003: 20) which resulted in large increases in military spending for both countries, military coalitions with other nations (often resulting in proxy wars) and most famously a nuclear arms race (Duffield 2007: 25-26). The result of this was uniquely bipolar world structured in terms of liberal democracy [versus] socialist communism (Zimmermann 2003: 11) The end of the Cold War (generally thought of as the period from 1985 1991) ended with the collapse of the Soviet Union, an event which can be contributed to a number of events (Spellman 2006: 60). By examining the underlying factors for these events, from both a realist and liberalist perspective, we can come to an understanding of how globalization can be argued to be both a cause for the end of the Cold War and a consequence of the end of the Cold War, depending on which viewpoint is taken by the individual. We are able to use the tenets of realism to argue that, essentially, the end of the Cold War also ended the bipolar structure of the world (which inhibits globalization) thereby allowing globalization to take place. Realism holds the belief that the international system exists in anarchy meaning that there is no higher power to enforce rules upon that state. The bipolar structure of the world can be considered to be an example of anarchy in the global system in light of the fact that during the Cold War, states aligned themselves with either the United States of America or the Soviet Union, according to whether they were more inclined towards socialism or democracy, (Zimmermann 2003: 37) resulting in two distinct global blocs (eventually symbolised by NATO and WARSAW). A realist argument for this bipolarity could be that, in the absence of any meaningful international institution which could guarantee the security of state members, the survival of the state is its primary interest and comes above anything else. Consequently individual states believed that supporting one of the two superpowers would guarantee them this security if their sovereignty was threatened by another state. It can therefor e be argued that due to such multi-national alliances the structure of the world became very bipolar, inhibiting any form of globalization, which relies on the de-territorialisation and interconnectedness of states. Realism also proposes that international institutions are meaningless. At this time the United Nations proved ineffective as it relied largely upon the continued goodwill and co-operation of the Soviet Union and the United States of America (Romero 2005: 127). The end of World War II saw deterioration in relations between the USSR and the USA resulting in the Cold War which lead to the United Nations body (the formerly meaningful overarching power) becoming insignificant. Since globalization, to an extent, relies on the co-operation of states with each other the inefficiency of the United Nations at this time symbolizes the lack of co-operation between states, preventing globalization from taking place. A realist could argue that the hegemony of the United States of America over the USSR lead to the collapse of the Soviet Union. In the period leading up to the end of the Cold War the United States was able to dominate the Soviet Union diplomatically, economically and in terms of military strength as illustrated by President Regans ability to unite the western world in a stance against the Soviet Union (Ronald Reagan Presidential Foundation 2008), the thriving U.S economy (compared to the USSR which was stuck in an extended period of stagnation) and the largest peace time military build-up in U.S history which the Soviets were unable to equal. (Zimmermann 2003: 223) This domination had a number of consequences for the Soviet Union including public discontent, a call for change in the face of communism and a move towards the fundamental principles upheld by the west nationalism, individualism and free market capitalism (Spellman 2006) which resulted in the collapse of the Soviet Unio n in 1991. The end of the Soviet Union had the effect of breaking the bipolarity of the world structure by removing the barriers inhibiting globalization, thereby allowing globalization in the form of increased connectivity and concomitant dependency (Zimmermann 2003) to take place. In this realist context globalization is a consequence of the end of the Cold War. In contrast, the liberalist perspective is that globalization caused the end of the Cold War, predominantly through denationalisation of power, resulting in the collapse of the Soviet Union. The overall approach or aim of liberalist theories is to promote individual freedom, rational thinking and human progress by removing the barriers that obstruct equality. In 1985 the Politburo elected reform minded Mikhail Sergeyevich Gorbachev as the General Secretary of the Communist Party of the Soviet Union. Unlike previous secretaries Gorbachevs view of the world included the desire to end the conflict between the United States and the USSR, however many consider his reforms to have been extemporaneous, providing fewer and fewer tools to deal with the crises of the Soviet Union. In fact [Gorbachevs] policies accelerated these crises, (Romero 2005: 86) and to have lead to the decline of the USSR. In an attempt to bolster the Soviet Union and lift it out of a extended period of economic stagnation Gorbachev implemented a number of liberal based policies such as glasnost (political policy of freedom) and perestroika (reconstruction) (Young 1999: 109) thereby effectively removing ba rriers to individual freedom, realistic thinking and human development posed by the formerly oppressive policies of the socialist state. Gorbachevs policy changes can be argued to be in part, contributed to the effects of globalization, in the sense that Gorbachev had been influenced by western (non-socialist) principles when making his reforms which supports the argument for globalization, that state interconnectedness de-nationalizes state power. Liberalist theory places emphasis on individual freedom and rights, it considers the existence of the state to solely promote and preserve the rights of its individual citizens; an inability to do this will result in the breakdown of the state. Mikhail Gorbachevs glasnost and perestroika reforms had unintended consequences for the authority of the communist state over its people. The reduction of communist control over the people under glasnost resulted in the Politburo losing control of the media. With new found freedom to speak out against the state, the media readily exposed the past and present inadequacies and failures of the USSR to the public and more importantly the rest of the world. For example: the countrys current economic difficulties, Chernobyl disaster and former endorsement of Adolf Hitler during World War II were all events which exposed the fault lines in [an] already weak state (Duffield 2007: 53). The public became dissatisfied with the so called positives of sovi et life as the negative aspects of the Soviet Union were brought into the spotlight, and readily expressed their dissatisfaction, threatening the existence of the USSR. Essentially the result of the glasnost and perestroika reforms made the Soviet Union more globalised in the sense that state power was de-nationalised and distributed among institutions (Zimmermann 2003: 59-60) such as the free media which had the ability to spread ideas about the state amongst the public and people outside the Soviet Union, ideas which contributed to the collapse of the Soviet Union and therefore the end of the Cold War. The inability of the Soviet Union to represent the best interests of the public resulted in an uprising against the USSR which was catalysed through globalization. In a notable incident in Poland the oppressed people of the Solidarity movement were able to protest the ban on Solidarity. Gorbachev, through glasnost, had weakened the ability of the Soviet regime to impose its control over its republics, for Poland this meant no leaders to restore central authority (Spellman 2006: 192) which allowed the polish to protest without excessive oppression. To liberalists this can be considered to be an act of globalization in the sense that ideas of the Solidarity movement were able to transgress the territorial borders of the state enabling American president Ronald Reagan to seize upon the opportunity to extend a hand of support to the millions behind the iron curtain who looked to the west for help by placing economic sanctions of Poland to protest Solidarity resulting in Soviet non-interv ention in the affair (Ronald Reagan Presidential Foundation 2008) which in part contributed to the collapse of the USSR for the reason that other constitute republics followed Polands lead in a move away from socialism (Spellman 2006: 87) mitigating the Soviet power base Liberalists would consider the rise of the people against the socialist state as inevitable due to the fact the only purpose of the state is to promote and preserve the rights of its individual citizens something which the predominately communist Soviet regime was not doing. Globalization as an ever increasing state actor acted upon the bipolar structure of the world, slowly breaking it down as co-operation between states and an emphasis on freedom, equality and free market capitalism increased in the eastern bloc (Romero 2005: 57-58) which resulted in domestic actors and structures within the USSR challenging the socialist regime of the country cumulating in a breakdown of the USSR and the end of the Cold War As demonstrated globalization can be considered both cause and a consequence for the end of the Cold War depending on the theoretical approach taken and which facets of that theoretical approach are applied to the situation. Considering this, the question of whether the globalization was a cause or consequence of the end of Cold War has no definitive answer when applied alongside political theoretical framework and merely constitutes an opportunity for the individual to appreciate the arguments of different theoretical approaches.

Burkina Faso :: History

Burkina Faso Burkina Faso is a small country located in Western Africa, north of Ghana, it's total land area is 274,200 sq km. The terrain is mostly flat to dissected, undulating plains; hills in west and southeast. Some of it's natural resources are manganese, limestone, marbleand small deposits of gold. The irrigated land in Burkina Faso is only a mere 160 sq km. The population is 10,422,828 (July 1995 est.) of which 50% is under the age of 15. Burkina Faso is a country with a rapidly increasing population in relation to the growth of food supply and other human necessities. The countries population is growing rapidly and the country is not able to adequately feed, shelter, and provide the basic human needs. The situation is not improving, it is getting worse with each year. The very near future could be disastrous for the people of Burkina Faso. The possible solutions in overcoming this problem are not plentiful and all have their drawbacks, and moral issues. One option would be to try to increase the death rate, and at the same time lower the birth rate. Another can be to try to raise the environmental limits so that food supply would adequate. Or the other option can be that we do nothing and wait. These are just some options that I think are the most applicable to the case in which Burkina Faso is currently facing. Of all three the most appealing solution to me is number one. That solution might be a little slower then other options but I believe it is the best approach for the country. The first option, to increase death rates and lower the birth rates would be the best choice. This option would be best because of the situation that is in Burkina Faso. The spread of HIV/AIDS has become an important issue in Burkina Faso, where the national statistics estimate that between 4 and 7 percent of the population is seropositive. While these rates are low in comparison to countries of East Africa, they place Burkina Faso second after Cote d'Ivoire among West African countries most affected by the epidemic. Burkina Faso's health problems include a high prevalence of many endemic diseases, poor case management by the health system and a weak infrastructure, with health centres that are geographically or financially inaccessible to most of those they are meant to serve.

Analysis of The Beauty Myth by Naomi Wolf Essay -- The Beauty Myth Fem

Analysis of The Beauty Myth by Naomi Wolf The Beauty Myth, published by Doubleday in New York City, hit the shelves in 1992. Naomi Wolf wrote this 348-page book. Wolf attended Yale University and New College, Oxford University, where she was a Rhodes Scholar. Her essays have been printed in many well-known magazines and newspapers, including Esquire and the New York Times. The Beauty Myth was Wolf’s first book. She has also written two other books, Fire With Fire and Promiscuities. Wolf is a recognized feminist. She has done a lot of writing and has spoken to many audiences about issues involving feminism. In The Beauty Myth, Wolf’s basic thesis states that there is a connection between female liberation and female beauty. She writes: The more legal and material hindrances women have broken through, the more strictly and heavily and cruelly images of female beauty have come to weigh upon us†¦.During the past decade, women breached the power structure; meanwhile, eating disorders rose exponentially and cosmetic surgery became the fastest-growing medical specialty†¦.Recent research consistently shows that inside the majority of the†¦attractive, successful working women, there is a †¦dark vein of self-hatred, physical obsessions, terror of aging, and dread of lost control. (Wolf 10) Wolf’s research shows that there is an attack against feminism that uses images of female beauty to keep women â€Å"in their place†. Women tod...

Is Reading Enough? Essay

Lyrical Ballads was an experimental book of poems written by William Wordsworth and Samuel Coleridge in the late seventeen hundreds. This book of poems was called experimental because the style it was written in was unlike anything of that time. In this collection of poems is a poem written by Wordsworth called â€Å"The Tables Turned.† At first glance of this poem, one can assume that this is an anti-intellectual poem. Reason for this is in the opening paragraph when the speaker in the poem tells his friend to, â€Å"quit his books.† So why would Wordsworth and Coleridge write a book against books? For starters, this poem is against conventional learning. The person that is being spoken to in this paper is probably a common person who at that time is under the notion that you can learn everything and anything from a book. The speaker of the poem calls books a â€Å"dull and endless strife.† This line must have sound as absurd then as it does now. In each semester of college so far, I am averaging about 10 books a semester that I have to read, which does gives the impression of endless. However, there are a countless number of books in the world, each with its own set of knowledge and information. So can books be considered dull? To top it all off, he goes on to say, â€Å"Come, here the woodland linnet / how sweet his music; on my life / there’s more of wisdom in it.† Is Wordsworth saying that there is more wisdom in the song of the woodland linnet than in a book? The answer to all these questions is yes and no. A woodland linnet can never teach someone calculus, psychology, or even how to tie ones shoe. However, no matter how much you can read, you will never hear the sound of music coming from the woodland linnet. This feeling that one receives from that experience is just as important, perhaps even more important, than reading about it. At the end of the poem Wordsworth goes on to say, â€Å"enough of science and of art†¦bring with you a heart / that watches and receives.† The words at the end are very peculiar. The heart is not the organ that stores knowledge or gives us sight. Wordsworth uses the word heart to imply feelings because that is what most people associate the word heart with. Wordsworth is saying that one needs more than just books, and pictures. Watches and receives are also interesting words. When someone watches something, one has to look out, and when someone receives something, one takes in. So the words watch and receive imply give and take, action and reaction. In other words, it means interaction. One needs to have this experience of interaction or else they will never fully understand. The poem â€Å"Old Man Traveling† (also by Wordsworth in the book Lyrical Ballads) has the same theme of needing experience. This poem is about and old man walking and someone is watching him. The person is watching the expressions of the man and saying what he thinks of him. So the person is reading the old man. The person says that the old man is â€Å"by nature led / to peace so perfect†¦Ã¢â‚¬  This deduces an image of a happy and peaceful man. The last part of the poem is different than the first. The person actually goes up to the old man and asks him where he is going. The old man replies that he is going to visit his dying son. The old man, then, really is not so peaceful and perfect. There is no way that the person could have derived this from just reading the man, the person needed interaction. So does reading and interaction go hand-in-hand? To one extent it does because reading is a kind of interaction. However, reading is only interaction between the person and the book. Reading can work with your mind and senses to create a picture in your mind. Nevertheless the only physical aspect of interaction with reading is the holding of the book. Reading offers very little physical interaction. Referring back to the original poem, the thought of needing more than books goes a little deeper. In line 28 of the poem, Wordsworth says â€Å"we murder to dissect.† Literally speaking, we have to murder an animal in order to analyze it and find out more about it. What is left at the end is a disgusting image of bones and blood of what use to be the animal that was being dissected. This can also connect to reading. In many literature classes, people often have to analyze a particular peace to find out what it really is implying. This means that the students go through line by line, and sometimes word by word, and try to come up with some metaphorical translation for the work. What is left is a whole bunch of random lines and words witch are the bones of the work, and a whole sea of ink as to what those bones can mean. In doing this, we often â€Å"murder† the original work. So what was once a poem is now a complicated mess. Wordsworth claims that â€Å"our meddling intellect / mishapes the beauteous forms of things.† Wordsworth acknowledges the fact that as a whole, humans have a desire to learn more, but at times this desire can be destructive. An example if this is a Seurat painting. If we dissect it, and take it apart, the closer that we look at it we will see a bunch of dots. By leaving it at that, and concluding that Seruat is a man whose paintings is just a bunch of dots, then we have murdered the painting. What we have to do after dissecting it, is to put it back to together, and realize the beauty in the work, and then take it a step further and say that he did that using pointillism. To take the idea a final step further, Wordsworth says, â€Å"one impulse from a vernal wood / may teach you more of man; / or moral evil and of good / than all the sages can.† One can sit down and read all about Buddha and Christ, but again, all that person is doing is reading. In only reading, one can never find out anything through experience or anything new because by reading books, you are never fully up to date because someone had to take the time to write the book and then you have to take the time to read it. This creates a kind of dungeon for ourselves which we our minds are trapped into what the books tell us to believe. In the poem â€Å"The Dungeon,† also in the book Lyrical Ballads though it is written by Coleridge, tells the story of a person in a dungeon. This is where we put people who offend us, and Wordsworth questions that in the poem by saying sarcastically, â€Å"and this is their best cure!† Wordsworth said that the energy of the person in the dungeon â€Å"roll(s) back upon his heart / and stagnate and corrupt; till changed to poison.† This poem is a story about a person in a dungeon, however this can be taken a s tep further by saying that this is what happens to a person if they make a mental dungeon. Their thoughts will stagnate and corrupt. In writing Lyrical Ballads, Coleridge and Wordsworth planned on using layman’s terms to get their point across. They do not use long elaborate words that can confuse some people, because they wanted their points to be clear and that everyone can understand them. So when Wordsworth tells the person in the poem â€Å"The Tables Turned† to â€Å"quit your books,† understand that he is saying that you need more to life than just books, you need experiences as well.

Reardon v. U.S. Essay

Lien on real property created by CERCLA when Environmental Protection Agency (EPA) determines that property owners may be liable for cleanup costs amounts to deprivation of a significant property interest within meaning of the due process clause. Comprehensive Environmental Response, Compensation, and Liability Act of 1980,  § 107(l ), as amended, 42 U.S.C.A.  § 9607(l ); U.S.C.A. Const.Amend. 5. Absence of notice and hearing may be justified by exigent circumstances. U.S.C.A. Const.Amend. 5. 92k251.5 k. Procedural Due Process in General. Most Cited Cases Constitution allows the process due to be tailored to fit realities of the situation. U.S.C.A. Const.Amend. 5. *1510 Lynn Wright, with whom Robin F. Price and Edwards and Angell, New York City, were on supplemental brief, for plaintiffs, appellants. George W. Van Cleve, Deputy Asst. Atty. Gen., with whom Barry Hartman, Asst. Atty. Gen., Washington, D.C., Wayne A. Budd, U.S. Atty., George B. Henderson, II, Asst. U.S. Atty., Boston, Mass., Stephen L. Samuels, Steve C. Gold, Jacques B. Gelin, Attys., Dept. of Justice, Charles Openschowski, Office of Gen. Counsel, E.P.A. and Luis Rodriguez, Asst. Regional Counsel, E.P.A., Washington, D.C., were on supplemental brief, for defendants, appellees. OPINION EN BANC TORRUELLA, Circuit Judge. After removing hazardous substances from property belonging to the Reardons, EPA filed a notice of lien on the property for the amount spent. See 42 U.S.C.  § 9607(l ). The Reardons sued to have the notice of lien removed, arguing that they were not liable for the cleanup costs, that the lien was  overextensive in that it covered parcels not involved in the clean-up, and that the filing of the lien notice without a hearing deprived them of property without due process. The district court, in Reardon v. United States, 731 F.Supp. 558 (D.Mass.1990), decided that it did not have jurisdiction to hear the Reardons’ two statutory claims. It ruled that although jurisdiction existed to hear the constitutional claim, the filing of a lien did not amount to a taking of a significant property interest protected by the due process clause. It therefore denied the Reardons’ motion for a preliminary injunction, and dismissed their complaint. The Reardons appealed and a panel of this court ruled in their favor on statutory grounds. Reardon v. United States, 922 F.2d 28 (1st Cir.1990) (withdrawn). We now consider the appeal en banc. After closely considering applicable law, including most notably the recent case of Connecticut v. Doehr, 501 U.S. 1, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991), we conclude that the district court correctly decided that it did not have jurisdiction to consider the Reardons’ statutory claims, but we find that the CERCLA lien provisions do violate the fifth amendment due process clause. I. BACKGROUND A. Facts. In 1979, Paul and John Reardon purchased a 16-acre parcel in Norwood, Massachusetts, adjacent to an electric equipment manufacturing plant site *1511 known as the â€Å"Grant Gear† site, and named it â€Å"Kerry Place.† In 1983, the Massachusetts Department of Environmental Quality Engineering, responding to a report of a nearby resident, tested soil samples from both properties and discovered extremely high levels of polychlorinated biphenyls (â€Å"PCBs†) on the Grant Gear site and on Kerry Place where it bordered Grant Gear. EPA then investigated the site. Finding the same high levels of PCBs, it authorized an immediate clean-up of the contaminated areas. Between June 25 and August 1, 1983, EPA removed 518 tons of contaminated soil from the two properties. It then notified the Reardons that it had removed all soil with concentrations of PCBs known to be above the safe limit, but informed them that additional areas of contamination might exist, in whi ch case EPA might undertake additional clean-up work. In 1984, the Reardons subdivided Kerry Place into a number of parcels; they sold five of those parcels and retained ownership of the others. In October 1985, EPA notified the Reardons that, as current owners of Kerry Place, they might be liable under  §Ã‚ § 106  and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (â€Å"CERCLA†), 42 U.S.C.  §Ã‚ § 9606 & 9607, along with ten other present and prior owners of the properties, for the clean-up costs. In August 1987, EPA again investigated the properties to assess the feasibility of a long-term remedy for any remaining contamination. New testing showed that soil in several areas on Kerry Place was still contaminated with PCBs. In April 1988, EPA informed the Reardons of these results. The Reardons told EPA that they intended to clean up their property themselves. EPA advised the Reardons to coordinate any offsite disposal plans with EPA and to obtain EPA’s approval of a treatment or disposal facility. In January 1989, the Reardons informed EPA that they had completed their own clean-up of Kerry Place, without having attempted coordination with or sought the approval of EPA. On March 23, 1989, EPA filed a notice of lien with the Norfolk County Registry of Deeds pursuant to  § 107(l ) of CERCLA, 42 U.S.C.  § 9607(l ), on all of the Kerry Place parcels still owned by the Reardons. The lien was for an unspecified amount, as it secured payment of â€Å"all costs and damages covered by† 42 U.S.C.  § 9607(l ) for which the Reardons were liable under  § 107(a) of CERCLA, 42 U.S.C.  § 9607(a). Five days later, EPA notified the Reardons that it had filed the notice of lien. On July 12, 1989, EPA informed the Reardons that they could settle EPA’s claims against them for $336,709, but noted that this amount did not limit the Reardons’ potential liability. On September 29, 1989, EPA selected a long-term remedy for the Kerry Place and Grant Gear sites estimated to cost $16,100,000. B. Procedural History. The Reardons filed a complaint and a motion for preliminary injunction in the United States District Court for the District of Massachusetts. They argued that they were entitled to have the notice of lien removed for three reasons. First, the Reardons maintained that they qualified as â€Å"innocent landowners† under  § 107(b) of CERCLA, 42 U.S.C.  § 9607(b), and therefore were not liable for any clean-up costs. Second, 42 U.S.C.  § 9607(l ) provides for a lien on only that property â€Å"subject to or affected by a removal or remedial action,† 42 U.S.C.  § 9607(l )(1)(B); the Reardons claim that since some of their Kerry Place parcels were not â€Å"subject to or affected by† the clean-up, EPA erred in filing a notice of lien covering all of those parcels. Third, they asserted that EPA’s imposition of the lien without a hearing violated the due process clause of  the fifth amendment to the United States Constitution. The district court held that  § 113(h) of CERCLA, 42 U.S.C.  § 9613(h), divested it of jurisdiction to hear the Reardons’ â€Å"innocent landowner† and â€Å"overbroad lien† claims. It found that the same section also purported to divest it of jurisdiction to hear the due process claim, but held that Congress was without power to place such a limitation on its jurisdiction. Turning to the merits of the due process claim, the *1512 district court held that the lien imposed by  § 107(l ) did not amount to a taking of a â€Å"significant property interest† protected by the due process clause. The court therefore denied the motion for a preliminary injunction and dismissed the complaint. The Reardons appealed, and a panel of this court found in their favor. The panel opinion construed  § 9613(h) so as to permit judicial review of the statutory challenges to the lien, and did not reach the due process issue. In response to EPA’s petition for rehearing, however, a majority of the court voted to grant a rehearing en banc. Although the court en banc finds for the plaintiffs, as did the panel, we do so on constitutional rather than statutory grounds. II. JURISDICTION [1] We turn first to the question of jurisdiction. The district court, as we have noted, held that 42 U.S.C.  § 9613(h) purported to divest it of jurisdiction over all three of the Reardons’ claims. We agree that  § 9613(h) bars review of the â€Å"innocent landowner† and â€Å"overbroad lien† claims, prior to the commencement of an enforcement or recovery action, but we conclude that this section does not bar review of the due process claim. Section 9613(h), entitled â€Å"Timing of review,† explicitly limits the jurisdiction of the federal courts to hear certain cases arising under CERCLA. The section states, in part: No federal court shall have jurisdiction under Federal law †¦ to review any challenges to removal or remedial action selected under section 9604 of this title, or to review any order issued under section 9606(a) of this title, in any action except one of the following: [listing 5 enumerated types of actions] 42 U.S.C.  § 9613(h). The five exceptions to the jurisdictional bar are all actions filed by the government or by a private citizen seeking to enforce or recover costs for the enforcement of CERCLA; for this reason, the district court described  § 9613(h) as barring â€Å"judicial review of EPA actions prior to the time that the EPA or a third  party undertakes a legal action to enforce an order or to seek recovery of costs for the cleanup of a hazardous waste site.† Reardon v. United States, 731 F.Supp. at 564 n. 8. As a convenient shorthand, we will say that  § 9613(h) bars â€Å"pre-enforcement review† of certain claims. The district court framed the question of jurisdiction as whether the filing of a lien constituted a â€Å"removal or remedial action selected under section 9604 of this title.† As the district court noted, the terms â€Å"removal† and â€Å"remedial action† are defined terms under the CERCLA statute. 42 U.S.C.  §Ã‚ § 9601(23), (24). Another C ERCLA provision says that these terms â€Å"include enforcement activities related thereto.† 42 U.S.C.  § 9601(25) (emphasis added). The court found that placing a lien on property from which hazardous substances had been removed was a type of enforcement activity. It therefore concluded that any challenge the Reardons could make, whether statutory or constitutional, was a â€Å"challenge[ ] to [a] removal or remedial action† over which Congress intended it not to have jurisdiction unless and until EPA brought an enforcement action. Reardon v. United States, 731 F.Supp. at 569. A. Jurisdiction over the â€Å"innocent landowner† and â€Å"overbroad lien† claims. We agree with the district court that filing a lien notice is a type of â€Å"enforcement activity† related to a removal or remedial action. And we agree that  § 9613(h) bars the federal courts from hearing pre-enforcement challenges to the merits of any particular lien–challenges, for example, to the liability which a lien secures, or to the conformity of that lien to the CERCLA lien provisions. Several considerations l ead to these conclusions. First, we think that the language of the statute, read for its ordinary meaning, supports such an interpretation. Central to the entire CERCLA scheme is a provision that makes certain parties liable for the cost of removal and remedial actions. See 42 U.S.C.  § 9607(a). When the government files a lien on property to secure payment of that liability, it can reasonably be described as seeking to enforce the liability *1513 provision. Thus, the activity of filing liens is, in ordinary language, an â€Å"enforcement activity.† Second, we believe that allowing challenges to the merits of particular liens would defeat some of the purposes of barring pre-enforcement review under  § 9613(h). Congress was no doubt concerned, first and foremost, that clean-up of substances that endanger public health would be delayed if EPA were forced to litigate each detail of its removal  and remedial plans before implementing them. Thus, the Senate Judiciary Committee Report stated that  § 9613(h) barred pre-enforcement review because such review would be a significant obstacle to the implementation of response actions and the use of administrative orders. Pre-enforcement review would lead to considerable delay in providing cleanups, would increase response costs, and would discourage settlement and voluntary cleanups. S.Rep. No. 11, 99th Cong., 1st Sess. 58 (1985). As long as the remedy upon review of a lien was limited to the invalidation or modification of the lien, of course, such review would not directly delay clean-up of hazardous substances. However, we do not believe that avoiding delay was the only purpose of postponing review. As the Fifth Circuit stated in a similar case: Although review in the case at hand would not delay actual cleanup of hazardous wastes, it would force the EPA–against the wishes of Congress–to engage in â€Å"piecemeal† litigation and use its resources to protect its rights to recover from any [potentially responsible party] filing such a[n] action. . . . . . Moreover, the crazy-quilt litigation that could result from allowing [potentially responsible parties] to file declaratory judgment actions prior to the initiation of government cost recovery actions could force the EPA to confront inconsistent results. Voluntary Purchasing Groups, Inc. v. Reilly, 889 F.2d 1380, 1390 (5th Cir.1989). The same practical considerations weigh against allowing pre-enforcement review in this case. And we add to these reasons one more: information needed to decide legal challenges to liens may not be available at the time such challenges are made. To decide, for example, the Reardons’ claim that they are innocent landowners, a court must determine whether the contamination pre-dated their ownership; whether they had any knowledge or reason to know of the contamination; whether they had exercised due care with respect to the hazardous substances; and whether they took precautions to prevent releases by foreseeable acts of third parties. See 42 U.S.C.  § 9607(a), (b)(3), EPA Supplemental Brief, at 16-17 (stressing complexity of resolving innocent landowner claim). Notices of liens are likely to be filed early in the history of a response action–shortly after EPA has begun to spend money on waste removal and the  landowner has been notified of potential responsibility. See 42 U.S.C.  § 9607(l ) (providing for creation and filing of liens). At that point, EPA is likely not yet to know the full extent of the contamination, let alone when that contamination occurred, or whether it is likely that the owner exercised due care or took reasonable precautions. One purpose of  § 9613(h), we believe, is to delay review until enough is known to decide these issues. Third, legislative history supports the view that  § 9613(h) is intended to bar challenges to liability, such as the Reardons seek to make by attacking the lien filing, as well as challenges to the remedy EPA has chosen. During floor debate on this section, Senator Thurmond, Chairman of the Judiciary Committee, which drafted the section, explained: Citizens, including potentially responsible parties, cannot seek review of the response action or their potential liability for a response action –other than in a suit for contribution–unless the suit falls within one of the categories in this section†¦. 132 Cong.Rec. S14929 (daily ed. Oct. 3, 1986) (emphasis added). Senator Stafford, *1514 Chairman of the Conference Committee, stated: â€Å"When the essence of a lawsuit involves the contesting [of] the liability of the plaintiff for cleanup costs, the courts are to apply the provisions of section 113(h), delaying such challenges until the Government has filed a suit.† 132 Cong.Rec. S14898 (daily ed. Oct. 3, 1986) (emphasis added). It is certainly possible that Congress inadvertently rather than purposefully included lien challenges in the judicial review bar. Congress amended the scope of â€Å"removal† and â€Å"remedial† actions to include â€Å"enforcement activities related thereto† primarily to ensure that EPA could â€Å"recover costs for enforcement actions taken against responsible parties.† H.R.Rep. No. 253(I), 99th Cong., 2d Sess. 66-67, reprinted in 1986 U.S.Code Cong. & Admin.News 2835, 2848-49; see H.R.Conf.Rep. No. 962, 99th Cong., 2d Sess. 185, reprinted in 1986 U.S.Code Cong. & Admin.News 3276, 3278 (â€Å"This amendment clarifies and confirms that [enforcement activity] costs are recoverable from responsible parties.†). Perhaps Congress did not realize that other provisions referring to removal and remedial actions–such as the judicial review bar–would also be affected. But even if this were so, we do not see how our conclusion is altered. First, as outlined above, reading the statute to bar review of pre- enforcement challenges to liens is consistent with the language and the purpose of the judicial bar. Second, and more importantly,  Congress amended a definitional section, thus changing the meaning of â€Å"removal† and â€Å"remedial† wherever they appear in CERCLA. We cannot give the definition inconsistent readings within the statute. As the above-quoted legislative history makes clear, the 1986 amendment was certainly intended to allow the government to collect attorney’s fees in cost recovery actions. See United States v. Ottati & Goss, 694 F.Supp. 977, 997 (D.N.H.1988) (allowing attorney’s fees to United States under  § 9607(a)(4)(A)), aff’d in part, vacated in part, 900 F.2d 429 (1st Cir.1990). If liens to ensure the government’s complete recovery of its remedial costs are not â€Å"enforcement activities† related to the removal or remedial action–the view suggested by the dissent–then we do not see how a suit to recover the government’s clean up costs is an â€Å"enforcement activit[y]† either. And if â€Å"enforcement activities† in  § 9601(25) is interpreted to exclude the expenses of cost recovery actions, this would have the effect of denying the government significant amounts of attorney’s fees– which was certainly not the intent of Congress. We therefore conclude, as did the district court, that  § 9613(h) precludes judicial review of the imposition of a lien until EPA commences an enforcement action. [2] B. Jurisdiction over the due process claim. Unlike the district court, however, we do not believe that  § 9613(h) precludes federal court jurisdiction over the Reardons’ due process claim. First, such a challenge does not fit into the literal language of  § 9613(h). That section refers to â€Å"challenges to removal or remedial action selected under section 9604 of this title.† Under our reading, it divests federal courts of jurisdiction over challenges to EPA’s administration of the statute–claims that EPA did not â€Å"select[ ] † the proper â€Å"removal or remedial action,† in light of the standards and constraints established by the CERCLA statutes. The Reardons’ due process claim is not a challenge to the way in which EPA is administering the statute; it does not concern the merits of any particular removal or remedial action. Rather, it is a challenge to the CERCLA statute itself–to a statutory scheme under which the government is authorized to file lien notices without any hearing on the validity of the lien. Second, we read  § 9613(h) in light of the Supreme Court’s oft-repeated pronouncement that â€Å"where Congress intends to preclude judicial review of constitutional  claims its intent to do so must be clear.† Webster v. Doe, 486 U.S. 592, 603, 108 S.Ct. 2047, 2053-54, 100 L.Ed.2d 632 (1988); see Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975); *1515 Johnson v. Robison, 415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389 (1974). [FN1] We do not believe that the statute expresses a clear congressional intent to preclude the type of constitutional claim the Reardons are making–a challenge to several statutory provisions which form part of CERCLA. However, it is important to make clear that we are not holding that all constitutional challenges involving CERCLA fall outside the scope of  § 9613(h). A constitutional challenge to EPA administration of the statute may be subject to  § 9613(h)’s strictures. Such a claim may well be a â€Å"challenge[ ] to removal or remedial action selected under section 9604 of this title,† and may thus fall within  § 9613(h)’s bar. We find only that a constitutional challenge to the CERCLA statute is not covered by  § 9613(h). FN1. Of course,  § 9613(h) is styled as a provision that merely delays review, rather than precludes it–indeed, it is titled â€Å"Timing of review.† However, the only available review of the lien notice is in an enforcement action brought by EPA; and the judgment in that enforcement action will render moot the Reardons’ due-process-based request for injunctive relief against the filing of the lien, since it will decide whether or not the Reardons are liable under CERCLA. Hence, the effect of  § 9613(h) is to preclude review altogether. Third, extending jurisdiction to the Reardons’ due process claim does not necessarily run counter to the purposes underlying  § 9613(h). For example, resolution of the due process issue does not require any information that is not likely to be available until clean-up of a site is finished. Because it is a purely legal issue, its resolution in a pre-enforcement proceeding does not have the potential to force EPA to confront inconsistent results (as would a finding, for example, that a particular spill was caused by an act of God). Of course, if we decide that filing a notice of a CERCLA lien without any pre- enforcement review does violate due process, EPA’s collection efforts will no doubt be hampered. However, we do not lightly assume that Congress intended to ease EPA’s path even at the expense of  violating the Constitution. Fourth, although the two courts that have considered this issue have reached a different conclusion, see Barmet Aluminum Corp. v. Re illy, 927 F.2d 289, 293 (6th Cir.1991); South Macomb Disposal Authority v. U.S.E.P.A., 681 F.Supp. 1244, 1249-51 (E.D.Mich.1988), we are unpersuaded by the reasoning of those cases. Our disagreement commences with the phrasing of the issue to be decided. Both courts frame the question as whether  § 9613(h) â€Å"prohibits constitutional as well as statutory challenges until the time pr[e]scribed by the statute.† South Macomb, 681 F.Supp. at 1249-50; see Barmet, 927 F.2d at 292. We think that this question fails to make the distinction we have noted above, see pp. 1514-1515, supra, between two types of constitutional challenges–challenges to EPA’s administration of CERCLA, and challenges to CERCLA itself. Once we recognize this distinction, the reasoning of these two courts becomes less convincing. First, says the South Macomb court, Reading the language of  § 9613(h) for its everyday meaning supports the notion that this subsection prohibits constitutional as well as statutory challenges until the time pr[e]scribed by the statute. The provision explicitly states that federal courts shall not have jurisdiction to review â€Å"any challenge† except for those enumerated. South Macomb, 681 F.Supp. at 1249- 50. But, the statute does not bar â€Å"any challenge,† without qualification; rather, it delays federal court review of â€Å"any challenges to removal or remedial action selected under section 9604 of this title.† 42 U.S.C.  § 9613(h). Because a due process challenge to the CERCLA lien provisions is not, we believe, a challenge to â€Å"removal or remedial action selected under section 9604 of this title,† we do not find that the â€Å"everyday meaning† of  § 9613(h) divests the federal courts of jurisdiction to hear such a challenge. Both the Barmet and South Macomb courts contend that legislative history–House and Senate Reports, and House Judiciary Committee Hearings– suggests that Congress intended  § 9613(h) to bar all pre-enforcement challenges, including all *1516 constitutional challenges. Upon examination, we find these materials unconvincing as well. The Senate Report states, in part: As several courts have noted, the scheme and purposes of CERCLA would be disrupted by affording review of orders or response actions prior to commencement of a government enforcement or cost recovery action. See, e.g., Lone Pine Steering Committee v. EPA, [600 F.Supp. 1487 (D.N.J.1985) ]. These cases  correctly interpret CERCLA with regard to the unavailability of pre-enforcement review. This amendment [ § 9613(h) ] is to expressly recognize that pre-enforcement review would be a significant obstacle to the implementation of response actions and the use of administrative orders. Pre- enforcement review would lead to considerable delay in providing cleanups, would increase response costs, and would discourage settlements and voluntary cleanups. S.Rep. No. 11, 99th Cong., 1st Sess. 58 (1985). We see nothing in this discussion which would indicate an intent to divest federal courts of jurisdiction to consider a claim that the provisions of CERCLA itself authorize deprivations of property without due process of law. On the contrary, the reference to â€Å"review of orders or response actions† suggests that the writers of the Senate Report focused their concern on the problems that would arise if courts reviewed the merits of particular EPA actions. Both Barmet and South Macomb attach great weight to the Senate Report’s citation â€Å"with approval† of Lone Pine, a case decided before  § 9613(h) was enacted, which they say held that CERCLA did not allow pre- enforcement review even of constitutional challenges. We think there are good reasons to discount this citation. For one thing, the 13-page opinion in Lone Pine contains no discussion of the question whether constitutional challenges to the statute as well as challenges to administrative action are barred; one can only infer that the Lone Pine court held this view from the facts that (1) the plaintiff’s complaint had one constitutional count alongside six statutory counts, and (2) the court dismissed the entire complaint. In fact, Lone Pine cites Aminoil, Inc. v. EPA, 599 F.Supp. 69, 72 (C.D.Cal.1984), the leading case holding that CERCLA did not bar jurisdiction to review constitutional challenges to the statute; and it does so, not to indicate any disagreement with that holding, but simply to agree with its holding that CERCLA does bar pre-enforcement review of administrative orders. See Lone Pine, 600 F.Supp. at 1497. For another thing, the Senate Report does not cite Lone Pine for the proposition that federal courts have no jurisdiction to hear constitutional challenges; rather, it cites it solely as an example of a group of cases, sub silentio holding that review â€Å"of orders or response actions† would disrupt the purposes of CERCLA. We do not see why this should indicate agreement with Lone Pine’s purported holding regarding constitutional challenges,  particularly since cases such as Aminoil would seem to fit just as easily into the group of cases described in the Report. We do not find the House Report any more convincing. The pertinent passage in that Report, according to Barmet and South Macomb, is a statement that â€Å"there is no right of judicial review of the Administrator’s selection and implementation of response actions until after the response action[s] have been completed†¦.† H.R.Rep. No. 253(I), 99th Cong., 2d Sess. 81, reprinted in 1986 U.S.Code Cong. & Admin.News 2835, 2863. See Barmet, 927 F.2d at 293 (quoting this passage); South Macomb, 681 F.Supp. at 1250 (same). This statement says nothing about judicial review of the CERCLA statute itself. South Macomb also cites testimony of EPA and Justice Department officials during hearings on the bill that contained  § 9613(h). In response to a query from Representative Glickman as to whether EPA and the Justice Department â€Å"might accept some form of accelerated [pre-enforcement] review,† Mr. Habicht, the Assistant Attorney General for Land and Natural Resources, replied: Mr. Chairman, briefly, this issue has been litigated under the 1980 statute *1517 quite extensively, and there have been a number of decisions over the last several months that address the fundamental questions of the constitutionality of the procedures set forth in that law. Virtually across the board now the courts are finding that the scheme is constitutional as currently constituted. Superfund Reauthorization: Judicial and Legal Issues, Hearings before the Subcomm. on Admin. Law and Governmental Relations, H. of Rep. Judiciary Comm., 99th Cong., 1st Sess. at 226 (July 17, 1985); see South Macomb, 681 F.Supp. at 1250 (quoting this passage). The South Macomb court comments: â€Å"Our reading of this exchange is that the EPA and the Department of Justice took the position that because the courts had already upheld the constitutionality of CERCLA, constitutional challenges could also await EPA enforcement actions.† Id. We do not find this passage quite so clear. It would appear to be an expression of hope by EPA and the Department of Justice rather than a statement of congressional intent, particularly in light of the fact that Congress passed a provision,  § 9613(h), that by its language does not bar constitutional challenges to the CERCLA statute. Finally, the Supreme Court recently examined a statute with a judicial review provision not unlike the CERCLA section analyzed here. At issue in McNary v. Haitian Refugee Center, Inc., 498 U.S. 479, 111 S.Ct. 888, 112  L.Ed.2d 1005 (1991), was a provision of the Immigration and Nationality Act barring judicial review of a denial of â€Å"Special Agriculture Worker† (â€Å"SAW†) status except in the context of a deportation order. The statute states: â€Å"There shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection.† 8 U.S.C.  § 1160(e) (as amended by the Immigration Reform and Control Act of 1986). The Court held that this bar did not preclude review of â€Å"general collateral challenges to unconstitutional practices and policies used by the agency in processing applications.† McNary, 111 S.Ct. at 896. Rather, it only barred review of individual denials of SAW status. Id. The statute in McNary resembles the CERCLA provision at issue here in two respects. First, as here, judicial review of an administrative event is withheld until the agency instigates a second, independent proceeding. More significantly, the immigration statute is phrased so as to bar review of the agency’s determination of SAW status in an individual action–an event comparable to EPA’s selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agency’s execution of the statute (as in McNary ). Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here. See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself); cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute). Thus, we conclude that we have jurisdiction to consider the Reardons’ due process claim: that the CERCLA statutory scheme under which liens may be imposed on property without opportunity for a hearing violates the fifth amendment due process clause. III. THE DUE PROCESS CLAIM [4] The Supreme Court has established a two-part analysis of due process challenges to statutes which, like this one, involve property rather than liberty interests. One must first ask whether the statute authorizes the taking of a â€Å"significant property interest† protected by the fifth  amendment. E.g., Fuentes v. Shevin, 407 U.S. 67, 86, 92 S.Ct. 1983, 1997, 32 L.Ed.2d 556 (1972). If there is no significant property interest involved, the inquiry is at an end. If there is, one proceeds to examine what process is due in the particular circumstances. *1518 E.g., id.; Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18 (1976). We shall address each issue in turn. A. The Deprivation. The district court, relying primarily on Spielman- Fond, Inc. v. Hanson’s, Inc., 379 F.Supp. 997 (D.Ariz.1973) (three judge panel), aff’d mem., 417 U.S. 901, 94 S.Ct. 2596, 41 L.Ed.2d 208 (1974), found that the filing of a federal lien under 42 U.S.C.  § 96 07(l ) did not amount to a deprivation of a significant property interest; thus, the court did not reach the second step of the analysis. However, a Supreme Court case decided after the district court had issued its decision (indeed, after oral argument at the en banc rehearing of this appeal) has clarified the law in this area considerably, and has precluded continued reliance on the Court’s summary affirmance in Spielman-Fond. In Connecticut v. Doehr, 501 U.S. 1, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991), a unanimous Court held that a Connecticut attachment statute violated the due process clause. The Court held that the attachment lien on plaintiff Doehr’s real property deprived him of a significant property interest within the meaning of the due process clause. The Court stated: For a property owner like Doehr, attachment ordinarily clouds title; impairs the ability to sell or otherwise alienate the property; taints any credit rating; reduces the chance of obtaining a home equity loan or additional mortgage; and can even place an existing mortgage in technical default where there is an insecurity clause. Doehr, 501 U.S. at —-, 111 S.Ct. at 2113. It concluded that â€Å"even the temporary or partial impairments to property rights that attachments, liens, and similar encumbrances entail are sufficient to merit due process protection.† Id. (emphasis added). And, in a footnote, it disposed of its summary affirmance in Spielman-Fond by noting that â€Å"[a] summary disposition does not enjoy the full precedential value of a case argued on the merits and disposed of by a written opinion.† Id. at —- n. 4, 111 S.Ct. at 2113 n. 4 (citing Edelman v. Jordan, 415 U.S. 651, 671, 94 S.Ct. 1347, 1359-60, 39 L.Ed.2d 662 (1974)). See also id. at —-, 111 S.Ct. at 2113 (Rehnquist, C.J., concurring) (Spielman-Fond should not be read to mean that the imposition of a lien is not a deprivation of a significant interest in property). Whether the response costs were incurred consistently with the national contingency plan is an issue which may be highly factual, but it is usually a matter of the amount, and not the existence, of liability. More likely to be â€Å"highly factual† is the determination whether certain of the owner’s parcels of land are â€Å"subject to or affected by† EPA’s response action. Similarly, on the issue of the landowner’s liability, EPA admits in its brief that the â€Å"concepts of due care, foreseeability, objective and subjective knowledge, some of which are unique in CERCLA to the innocent landowner defense, are extremely fact-intensive.† EPA Supplementary Brief at 16-17. Second, we must consider what procedural safeguards, if any, CERCLA provides against erroneous filing of a lien. a. The right to a judicial hearing. CERCLA provides no such safeguards. It provides for no pre-deprivation proceedings at all–not even the ex parte â€Å"probable cause† hearing judged insufficient in Doehr. See Doehr at —-, 111 S.Ct. at 2108 (describing Connecticut attachment procedure). Nor does CERCLA provide for an immediate post-deprivation hearing. [FN2] The first hearing the property owner is likely to get is at the enforcement proceeding, or cost recovery action, brought by EPA. This action may be brought several years after the notice of lien is filed; it is limited only by a rather complicated statute of  limitations, see 42 U.S.C.  § 9613(g)(2), which gives EPA three years after a removal action is completed or six years after a remedial action is commenced to bring such a suit. The running of the statute of limitations is entirely within EPA’s control. Since the government may take its own sweet time before suing, and since the removal or remedial action may itself take years to complete, the lien may be in place for a considerable time without an opportunity for a hearing. FN2. The Connecticut statute at issue in Doehr provided â€Å"expeditious† post-attachment review, see 501 U.S. at —-, 111 S.Ct. at 2115, but the Court nonetheless found the statute constitutionally deficient. Even under Doehr, though, post-attachment process is not always inadequate. Doehr notes the factors leading to the Court’s  approval, in Mitchell v. W.T. Grant Co., 416 U.S. 600, 94 S.Ct. 1895 (1974), of a sequestration statute with no pre-deprivation review: â€Å"the plaintiff had a vendor’s lien to protect, the risk of error was minimal because the likelihood of recovery involved uncomplicated matters that lent themselves to documentary proof, and plaintiff was required to put up a bond.† Doehr, 501 U.S. at —-, 111 S.Ct. at 2114. â€Å"[M]ere postponement of judicial enquiry is not a denial of due process if the opportunity given for ultimate judicial determination of liability is adequate.† *1520 Phillips v. Commissioner, 283 U.S. 589, 596, 51 S.Ct. 608, 611, 75 L.Ed. 1289 (1931). But the CERCLA statute of limitations on liens throws the â€Å"ultimate judicial determination† so far into the future as to render it inadequate. Indeed, in this respect the CERCLA scheme resembles the replevin statutes in Fuentes v. Shevin, where the Court held that the debtor may not be â€Å"left in limbo to await a hearing that might or might not ‘eventually’ occur.† Mitchell v. W.T. Grant Co., 416 U.S. at 618, 94 S.Ct. at 1905 (discussing Fuentes v. Shevin ). b. Posting of a Bond. The Court has recognized that requiring the filing party to post a bond may provide the property owner important protection against wrongful filing; in Doehr, four members of the Court suggested that due process always requires a plaintiff’s bond in the context of an attachment. See Doehr, 501 U.S. at  Ã¢â‚¬â€-, 111 S.Ct. at 2116 (plurality). CERCLA does not require EPA to post a bond when filing the notice of federal lien. c. Action for damages. In Doehr, the State of Connecticut argued that the availability of a double damages remedy for suits that are commenced without probable cause was an important protection against misuse of the attachment provisions; however, four members of the Court did not find the availability of such a suit to be an adequate procedural safeguard. Four members of the court explained in detail why an action for damages would never prove adequate: The necessity for at least a prompt postattachment hearing is self-evident because the right to be compensated at the end of the case, if the plaintiff loses, for all provable injuries caused by the attachment is inadequate to redress the harm inflicted, harm that could have been avoided had an early hearing been held. An individual with an immediate need or opportunity to sell a property can neither do so, nor otherwise satisfy that need or recreate the opportunity. The same applies to a parent in need of a home equity loan for a child’s education, an entrepreneur seeking to start a business on the strength of an otherwise strong credit rating, or simply a homeowner who might face the disruption of having a mortgage placed in technical default. Doehr, 501 U.S. at —-, 111 S.Ct. at 2118 (plurality).