eastern enterprises apfel commissioner social security argued march decided june ultimately congress passed coal industry retiree health benefit act coal act stabilize funding provide benefits retirees merging benefit plans new fund combined fund provides substantially benefits provided plans funded premiums assessed coal operators signed nbcwa agreement requiring contributions benefit plans respondent commissioner social security assigns retirees signatory coal operators according following allocation formula first recent signatory subsequent nbcwa employ retiree coal industry least years second recent signatory subsequent nbcwa employ retiree coal industry third signatory operator employed retiree coal industry longest period time prior effective date nbcwa petitioner eastern enterprises eastern signatory every nbcwa executed business within coal act meaning although left coal industry transferring coal operations subsidiary eacc ultimately selling interest eacc respondent peabody holding company peabody coal act commissioner assigned eastern obligation combined fund premiums respecting retired miners worked company eastern sued commissioner respondents claiming coal act violates substantive due process constitutes taking violation fifth amendment district granted respondents summary judgment first circuit affirmed held judgment reversed case remanded reversed remanded justice joined chief justice justice scalia justice thomas concluded declaratory judgment injunction petitioner seeks appropriate remedy taking alleged case cite syllabus within district courts power award equitable relief tucker act may require compensation claim takings clause filed federal claims petitioner seek compensation government situations analogous one assumed lack compensatory remedy granted equitable relief takings clause violations without discussing tucker act applicability see babbitt youpee pp coal act allocation liability eastern violates takings clause pp economic regulation coal act may effect taking security industrial bank party challenging government action bears substantial burden every destruction injury property action constitutional taking regulation constitutionality evaluated examining governmental action justice fairness see andrus allard although inquiry lend set formula three factors traditionally informed regulatory takings analysis economic impact regulation interference reasonable investment backed expectations character governmental action kaiser aetna pp analysis case informed previous decisions considering constitutionality somewhat similar legislative schemes usery turner elkhorn mining black lung benefits act connolly pension benefit guaranty corporation multiemployer pension plan amendments act concrete pipe products construction laborers pension trust southern opinions make clear congress considerable leeway fashion economic legislation including power affect contractual commitments private parties may impose retroactive liability degree particularly confined short limited periods required practicalities producing national legislation pension benefit guaranty corporation gray decisions however left open possibility legislation might unconstitutional imposes severe retroactive liability limited class parties anticipated liability extent liability substantially disproportionate parties experience pp coal act allocation scheme applied eastern presents case three traditional factors considered economic impact eastern coal act liability substantial enterprises apfel syllabus company clearly deprived million must pay combined fund employer statutory liability multiemployer plan benefits reflect proportionality experience plan concrete pipe supra eastern contributed funds ceased coal mining operations neither participated negotiations agreed make contributions connection benefit plans established subsequent nbcwa latter agreements however first suggest industry commitment funding lifetime health benefits retirees dependents years eastern employed miners benefits far less extensive nbcwa unvested fully subject alteration termination extent eastern may able seek indemnification eacc peabody contractual arrangements might insure eastern liabilities arising former coal operations indemnity neither enhanced supplanted coal act affect availability declaratory relief sought respondents argument coal act moderates mitigates economic impact allocating eastern former employees signatories nbcwa unavailing eastern forced bear burden lifetime benefits former employees mean liability significant economic burden similar reasons coal act substantially interferes eastern reasonable expectations operates retroactively reaching back years impose liability based eastern activities retroactive legislation generally disfavored presents problems unfairness deprive citizens legitimate expectations upset settled transactions general motors romein distance past coal act reaches back impose liability eastern magnitude liability raise substantial fairness questions nbcwa demonstrate implicit industrywide agreement fund lifetime health benefits time eastern involved coal industry funds eastern participated operated basis classes beneficiaries subject trustees discretion erisa forced revisions fund eastern longer industry lifetime medical benefits viewed promised thus coal act scheme allocating combined fund premiums calibrated either eastern past actions agreement company cite syllabus federal government pattern involvement coal industry given eastern sufficient notice lifetime health benefits might guaranteed retirees several decades later eastern liability benefits also differs coal operators responsibility black lung benefits act spread cost disabilities profited fruits employees labor turner elkhorn supra finally nature governmental action case quite unusual congress solution grave funding problem identified singles certain employers bear substantial burden based employers conduct far past unrelated commitment employers made injury caused pp justice kennedy concluded application coal act eastern violate proper bounds settled due process principles although hesitant subject economic legislation due process scrutiny general matter country law harbored singular distrust retroactive statutes distrust reflected due process jurisprudence example usery turner elkhorn mining held due process requires inquiry whether legislature acted arbitrary irrational way enacting retroactive law formulation repeated numerous recent cases carlton reflect recognition retroactive lawmaking particular concern legislative temptation use means retribution unpopular groups individuals landgraf usi film products change legal consequences transactions long closed destroy reasonable certainty security objects property ownership due process protection property must understood incorporate settled tradition retroactive laws great severity instant case presents one rare instances legislature exceeded limits imposed due process coal act remedy bears legitimate relation interest government asserts supports statute degree retroactive effect significant determinant statute constitutionality carlton supra unprecedented scope since coal act created liability events occurring years ago upheld imposition liability former employers based past employment relationships remedial statutes designed impose actual measurable business cost employer able avoid past turner elkhorn supra coal act serve enterprises apfel syllabus purpose beneficiaries expectation lifetime benefits created promises agreements made long eastern left coal business eastern responsible perilous condition plans jeopardized benefits pp connor announced judgment delivered opinion rehnquist scalia thomas joined thomas filed concurring opinion kennedy filed opinion concurring judgment dissenting part stevens filed dissenting opinion souter ginsburg breyer joined breyer filed dissenting opinion stevens souter ginsburg joined eastern enterprises petitioner kenneth apfel commissioner social security et al writ certiorari appeals first circuit june justice thomas concurring justice opinion correctly concludes coal act imposition retroactive liability petitioner violates takings clause write separately emphasize ex post facto clause constitution art cl even clearly reflects principle etrospective laws indeed generally unjust story commentaries constitution ed since calder bull dall however considered ex post facto clause apply criminal context never convinced soundness limitation calder principally justified contrary interpretation render takings clause unnecessary see opinion chase appropriate case therefore willing reconsider calder progeny determine whether retroactive civil law passes muster current takings clause jurisprudence nonetheless unconstitutional ex post facto clause today case however present unconstitutional taking join justice opinion full eastern enterprises petitioner kenneth apfel commissioner social security et al writ certiorari appeals first circuit june justice stevens justice souter justice ginsburg justice breyer join dissenting appellate judges better historians others respect central issue resolved coal act persuaded consensus among circuit judges appraised issue accurate views majority uneasy truce coal operators miners enabled coal production continue depended value handshake fine print written documents period implicit understanding sides bargaining table operators provide miners lifetime health benefits understanding kept mines operation enabled eastern earn handsome profits transferred coal business subsidiary understanding critical fact shared judges seventh circuit sixth circuit first circuit understanding motivated members coal commission conclude operators employed orphaned miners share responsibility health benefits understanding led legislators political parties conclude coal act represented fair solution difficult problem given critical importance reasonable expectations miners operators period implicit agreement made explicit unable agree plurality conclusion retroactive application act unconstitutional taking eastern property rather seems plurality justice kennedy substituted judgment fair better informed judgment members coal commission congress accordingly conclude whether provision question analyzed takings clause due process clause eastern carried burden overcoming presumption constitutionality accorded act congress demonstrating provision unsupported reasonable expectations parties interest eastern enterprises petitioner kenneth apfel commissioner social security et al writ certiorari appeals first circuit june justice breyer justice stevens justice souter justice ginsburg join dissenting must decide whether fundamentally unfair congress require eastern enterprises pay health care costs retired miners worked eastern eastern stopped mining coal many years eastern benefited labor miners eastern helped create conditions led miners expect continued health care benefits families retired eastern continued draw sizable profits coal industry though wholly owned subsidiary reasons believe congress act unreasonably otherwise unjustly imposing health care costs upon eastern consequently view statute us constitutional preliminary matter agree justice kennedy ante plurality views case wrong legal lens constitution takings clause apply clause refers taking private property public use without compensa tion amdt language suggests heart clause lies concern preventing arbitrary unfair government action providing compensation legitimate government action takes private property serve public good private property upon clause traditionally focused specific interest physical intellectual property see penn central transp new york city ruckelshaus monsanto requires compensation government takes property public purpose see dolan city tigard clause requires payment government people alone bear public burdens fairness justice borne public whole quoting armstrong case involves interest physical intellectual property ordinary liability pay money government third parties directly held takings clause applies creation kind liability made clear seizures eminent domain also certain takings regulation require compensation clause see pennsylvania coal mahon hile property may regulated certain extent regulation goes far recognized taking lucas south carolina coastal council land use regulation deprives owner economically beneficial use property constitutes taking nollan california coastal public easement across property may constitute taking precedents concern taking interests physical property also made clear clause apply monetary interest generated fund private individual paid money webb fabulous pharmacies beckwith monetary interest issue arose operation specific separately identifiable fund money government took interest specific fund money general liability liability runs government third parties armstrong supra government destroyed liens advantage connolly pension benefit guaranty corporation taking government physically invade permanently appropriate assets use emphasis added two cases arguably acted takings clause might apply creation general liability connolly supra concrete pipe products construction laborers pension trust southern first cases said takings clause violated part government physically invade permanently appropriate assets use connolly also rejected position taking occurs whenever legislation requires one person use assets benefit another id second case basically followed analysis first case concrete pipe cases rejected claim takings clause violation id connolly supra dearth takings clause authority surprising application takings clause bristles conceptual difficulties clause applies government simply orders pay apply government simply orders pay government assesses tax cf leckie smokeless coal charac terizing reachback liability payments tax cert denied chateaugay cert denied sub nom ltv steel shalala clause apply statutes rules routinely creat burdens directly benefit others connolly supra regardless apply kind takings clause analysis violation means law invalidation rather simply payment compensation see first english evangelical lutheran church glendale county los angeles takings clause designed limit governmental interference property rights per se rather secure compensation event otherwise proper interference amounting taking need face difficulties however need torture takings clause fit case question potential unfairness retroactive natural home due process clause fifth amendment neighbor clause says person shall deprive life liberty property without due process law amdt safeguards citizens arbitrary irrational legislation due process clause offer protection legislation unfairly retroactive least readily takings clause might courts sometimes suggested law fundamentally unfair retroactivity law basically arbitrary see pension benefit guaranty corporation gray id etroactive aspects legislation imposing withdrawal liability employers participating pension plan must meet test due process id etrospective civil legislation may offend due process particularly harsh oppressive internal quotation marks omit ted usery turner elkhorn mining cf carlton retroactive tax provision welch henry national labor relations board guy atkinson invalidating administrative order arbitrary capricious abuse discretion see inequity retroactive policy making sort thing system law abhors application due process clause automatically trigger takings clause word property appears word appears midst different phrases somewhat different objectives thereby permitting differences way term interpreted compare martin linen supply person includes corporations purposes fifth amendment double jeopardy clause doe person include corporation purposes fifth amendment selfincrimination clause insofar plurality avoids reliance upon due process clause fear resurrecting lochner new york related doctrines substantive due process fear misplaced cf id holmes dissenting lincoln fed union northwestern iron metal repudiating allgeyer lochner adair coppage constitutional doctrine plurality points ante unfair retroactive assessment liability upsets settled expectations thereby undermines basic objective law see story commentaries constitution ed criticizing retrospective laws failing accord fundamental principles social compact ibid retroactive legislation invalid upon principles derived general nature free governments necessary limitations created thereby general motors romein etroactive legislation deprive citizens legitimate expectations fletcher peck cranch johnson concurring suggesting retroactive legislation invalid offends principles natural law find due process clause protects kind fundamental protects unfair allocation public burdens kind specially arbitrary retroactive read clause light basic purpose fair application law purpose hearkens back magna carta resurrect substantive notions freedom contract see ferguson skrupa thus like plurality inquire law us fundamentally unfair unjust ante ask question like justice kennedy believe coal act deprive eastern property without due process law amdt ii substantive question us whether fundamentally unfair require eastern make future payments health care costs retired miners families basis eastern past association miners congress might assessed use coal taxpayer order pay retired coal miners health benefits congress instead imposed liability eastern coal industry retiree health benefit act coal act ed supp ii fairness question eastern answer lie contractual promise pay eastern made contractual promise eastern participate benefit plan made contractual promise prior departure coal industry justice stevens points case civil law suit breach contract constitutional challenge congress decision assess new future liability basis old employment relationship ante stevens dissenting unless fundamentally unfair unjust terms eastern reasonable reliance settled expectations impose liability coal act reachback provision meets challenge see connolly concrete pipe believe several features case demonstrate relationship eastern payments demanded act special enough pass constitution fundamental fairness test even though eastern left coal industry historical circumstances taken together prevent eastern showing act reachback liability provision frustrates eastern reasonable settled expectations impose unconstitutional liability cf penn central one thing liability statute imposes upon eastern extends miners eastern employed see imposing liability presently operating coal firm ratified subsequent bargaining agreement ever employed retiree eastern employed retiree longer reachback firm miners whose labor benefited eastern younger healthier insofar working conditions created risk future health problems miners eastern created conditions factors help distinguish eastern others respect later obligation pay health care costs inevitably arise old age see cong rec conference report coal act coal act assigns liability companies employed retirees thereby benefitted services hearings provisions relating health benefits retired coal miners house committee ways means hereinafter hearings health benefits house committee ways means financing umwa coal miner orphan retiree health benefits comm print hereinafter house report congress sometimes imposed liability even retroactive liability designed prevent degradation natural resource upon used benefited see comprehensive environmental response compensation liability act cercla et seq ed supp analogy imperfect calls attention special tie firm former employee human resource helps explain special retroactive liability connection justifying retroactive liability helps distinguish firm like eastern employed miner longer makes coal funding sources say current coal producers coal consumers make use coal never employed miner benefited work importantly record demonstrates eastern contributed making important promise miners promise even contractually enforceable led miners develo reasonable expectation continue receive retiree medical benefits ante relevant history outlined shows industry action including action eastern combined federal government action miners forbearance produced circumstances made natural miners believe either industry government make every effort see received health benefits terms explicitly included previously signed bargaining agreements health care miners insofar existed provided company doctors company towns see dept interior report coal mines administration medical survey industry boone report id describing care substandard criticizing noticeable deficiency number doctors secretary labor advisory commission mine workers america retiree health benefits coal commission report coal report app hereinafter app late health care pension rights become issue miners central demand collective bargaining rallying cry urged nationwide coal strike fox stand krajcinovic company doctors managed care seltzer fire hole zieger john lewis labor leader see also ante john lewis head umwa urged mine owners fear sudden death minds know occurs families provided proper insurance zieger supra workers struck government seized mines government together union effectively imposed managed health care agreement coal operators seltzer supra resulting agreement created medical hospital fund designed provide arrange availability medical hospital related services miners dependents krug lewis agreement app one year later fund consolidated welfare retirement fund also established fund national bituminous coal wage agreement nbcwa app successive agreements fund three trustees union management neutral determined specific benefits provided plan nbcwa app benefits fund provided included retiree benefits quite similar issue bargaining agreements coal operators miners nbcwa fund annual reports make clear fund provided benefits employees families dependents medical hospital care nbcwa app nbcwa app continuing coverage nbcwa app nbcwa app nbcwa app nbcwa app nbcwa app nbcwa app nbcwa app fund annual reports specified eligible family members included miners spouses children dependent parents least retired miners dependents widows orphans period fund annual report app fund annual report app also noting unprecedented magnitude liberality fund hospital medical care program fund annual report app fund annual report app fund annual report app fund annual report app fund annual report app fund annual report app fund annual report app fund annual report app see also hearings health benefits suggesting retirees eligible inception bargained benefits significant difference coverage provided consists greater generosity respect widows earlier limitation repealed health benefits extended widows remarriage death see nbcwa app return miners thought assurance though contractual obligation management continued pension health care benefits union agreed accept mechanization mining concession meant significant layoffs smaller future workforce coal report app decline employment krajcinovic supra seltzer supra see also perry collective bargaining decline mine workers detailing benefits mechanization coal operators president southern coal operators association said miners promised grown accustomed health benefits app benefits management fund trustee said covered mine worker including pensioners dependents without limit duration said umwa agreed oppose rapid mechanization mines exchange increased wages payments welfare fund mine workers pennington see also id goldberg concurring judgment improved wages benefits working conditions quid pro quo automation others reached similar conclusions coal commission recently said retired coal miners legitimate expectations health care benefits life promise received working lives planned retirement years commitment honored numerous supporters present law read history showing example miners went work day assumption health benefits retired cong rec wofford see also id rockefeller act see promise health care kept tens thousands retired coal miners families id byrd coal act assure retired coal miners promises made working years reneged upon id ford coal act assures promise made retirees kept id conference report coal act nbcwa retirees dependents promised lifetime health care benefits federal government played significant role developing expectations promises created mentioned strike related health pension benefits government seized mines imposed agreement established basic health benefits framework supra see also fed reg president truman seizure order strike related pension benefits government intervened ensure continued availability benefits fed reg executive order creating board inquire strike krajcinovic supra later years congress provided fund special tax benefits helped fund build hospitals established health safety standards brief respondents umwa combined benefit fund et al citing relevant statutes record materials kind government intervention explains president southern coal producers association said benefits reduced entirely conceivable congress step take mines assuming responsibility welfare collections payment repeat federal government words deeds along industry necessarily create contractually binding promises existed might eliminated need legislation labor relations human relations one create promises understandings even absence legally enforceable contract others reasonably expect honored indeed labor relations understandings may spell difference labor war labor peace parties may look strike enforcement kind important mutual understanding issue record shows statements conduct led management understand labor legitimately expect health care benefits retirees dependents continue provided finally eastern continued obtain profits coal mining industry long operated wholly owned subsidiary eastern associated coal eacc late eastern effectively ran eacc sharing officers supervising management receiving eacc approximately million dividends brief petitioner app affidavit gallagher eacc general counsel eastern corporate cash manual see also noting eastern profits control eacc eastern officials role eacc directors ratified bargaining agreements brief bituminous coal operators association amicus curiae brief respondent peabody holding et al must remained aware fund deepening financial crisis taken together circumstances explain fundamentally unfair congress impose upon eastern liability future health care costs miners long ago imposing liability example upon present industry coal consumers taxpayers diminishes reasonableness eastern expectation leaving industry fall within constitution protection unfairly retroactive liability circumstances elaborated record mean eastern knew potential funding problems arise multiemployer benefit plan see concrete pipe left industry eastern knew known light structure benefit plan frequency coal operators went business last man problem exacerbate health plan funding difficulties see boone report xvi house report coal commission report health benefits retired coal miners hearing subcommittee medicare longterm care senate committee finance statement coal commission vice chairman henry perritt eastern also knew known prior federal involvement future federal intervention solve problem serious possibility supra see also concrete pipe supra connolly usery eastern knew nature problem legislative effort solve problem well occur many years future importantly eastern played significant role creating miners expectations led legislation add circumstances two others eastern benefited labor miners whose future health care must provide eastern remained industry drawing substantial profits though business subsidiary usually always insulates owner liability upshot follow form analysis used connolly say government regulation unfairly interfered eastern distinct expectations see connolly supra analyzing taking terms three factors economic impact interference distinct expectations governmental action citations omitted within framework find additional support constitutionality reachback liability provision adding character governmental action amounts creation liability third party direct taking interest physical property fact statute narrows eastern liability employed explicitly preserving eastern rights indemnification others thereby helping eastern spread risk liability helps diminish act economic impact upon eastern well put matter directly however law imposes upon eastern burden showing statute retroactive effect fundamentally unfair unjust circumstances mentioned convince eastern show sufficiently reasonable expectation remain free future health care cost liability workers employed eastern therefore failed show law unfairly upset legitimately settled expectations view eastern met burden uphold reachback provision coal act constitutional eastern enterprises petitioner kenneth apfel commissioner social security et al writ certiorari appeals first circuit june justice kennedy concurring judgment senting part plurality careful assessment history purpose statute question demonstrates necessity hold arbitrary beyond legitimate authority government enact view full accord many plurality conclusions relevant portions coal industry retiree health benefit act coal act et seq ed supp ii must invalidated contrary essential due process principles without regard takings clause fifth amendment concur judgment holding coal act unconstitutional disagree plurality takings clause analysis submitted incorrect quite unnecessary decision case must record respectful dissent issue final clause fifth amendment shall private property taken public use without compensation provision known takings clause con cept taking clause become term art discussion begins cases support plurality conclusion coal act takes property coal act imposes staggering financial burden petitioner eastern enterprises regulates former mine owner without regard property operate upon alter identified property interest applicable measured property interest coal act appropriate transfer encumber estate land lien particular piece property valuable interest intangible intellectual property even bank account accrued interest law simply imposes obligation perform act payment benefits statute indifferent regulated entity elects comply property uses extent affects property interests manner similar many laws today none thought constitute takings call sort governmental action taking matter constitutional interpretation imprecise due respect unwise role government expanded experience taught strict line taking regulation difficult discern maintain led pennsylvania coal mahon try span two concepts specific property subjected owner alleged excessive regulation general rule least property may regulated certain extent regulation goes far recognized taking quoted sentence course genesis regulatory takings doctrine see lucas south carolina coastal council prior justice holmes exposition pennsylvania coal mahon generally thought takings clause reached appropriation property functional equivalent ouster owner possession citations omitted without denigrating importance regulatory taking concept assumed law fair say proven difficult explain theory implement practice cases attempting decide regulation becomes taking among litigated perplexing current law see penn central transp new york city question constitutes purposes fifth amendment proved problem considerable difficulty kaiser aetna regulatory taking question requires essentially ad hoc factual inquir today however one constant limitation cases regulatory taking analysis employed specific property right interest stake decision pennsylvania coal mahon supra confronted cases specific identified properties property rights alleged come within regulatory takings prohibition air rights buildings penn central supra zoning parcels real property macdonald sommer frates yolo county agins city tiburon trade secrets ruckelshaus monsanto right access property pruneyard shopping center robins kaiser aetna supra right affix structures loretto teleprompter manhattan catv right transfer property devise intestacy hodel irving creation easement dolan city tigard nollan california coastal right build improve lucas supra liens real property armstrong right mine coal keystone bituminous coal assn debenedictis right sell personal property andrus allard right extract mineral deposits goldblatt hempstead central eureka mining regulations cited cases challenged excessive destroy take specific property interest plurality opinion disregards requirement removing constant characteristic takings analysis expand already difficult uncertain rule vast category cases deemed law implicate takings clause difficulties determining whether taking regulation even property right interest identified counsel extending regulatory takings doctrine cases lacking specificity existence least outer boundary application regulatory takings rule provides necessary predictability governmental entities definition taking binding well federal government plurality opinion throw one difficult litigated areas law confusion subjecting municipalities potential new unforeseen claims vast amounts existing category cases involving specific property interests obliterated extending regulatory takings analysis amorphous class cases embraced plurality opinion today true burden imposed coal act may great government appropriated one eastern plants mechanism government injures eastern unlike act taking specific property incongruous call coal act taking even concept expanded regulatory takings principle terminology regulatory takings analysis character governmental action renders coal act taking property usual taking occurs government physically acquires property chicago chicago regulatory takings analysis recognizes taking may occur property appropriated government transferred private parties see security industrial bank ur cases show takings analysis necessarily limited outright acquisitions government loretto supra transfer physical space landlords cable companies range governmental conduct subjected takings analysis expanded however careful lose sight importance identifying property allegedly taken lest governmental action subjected examination constitutional prohibition taking without compensation attendant potential money damages asked challenged governmental action implemented particular emphasis extent specific property right affected see physical invasion government action unique character taking without regard factors hodel supra declaring law otherwise taking insignificant economic impact taking character governmental action destroyed right pass property one heirs right part legal system since feudal times penn central supra may readily found interference property characterized physical invasion government interference arises public program adjusting benefits burdens economic life promote common good citation omitted coal act neither targets specific property terest depends upon particular property operation statutory mechanisms liability imposed eastern doubt reduce net worth total value said law adverse economic effect circumstance statute take money government instead makes payable third persons factor rely upon show lack taking instances government may make evident taking occurred webb fabulous pharmacies beckwith causby government capacity give immunity takings claim device requiring transfer property one private owner directly another cf hawaii housing authority midkiff time government imposition obligation private parties destruction existing obligation must relate specific property interest implicate takings clause example security industrial bank confronted statute alleged destroy existing creditor lien certain chattels benefit debtor acknowledged given nature property interest stake resembled contractual obligation takings challenge fits awkwardly analytic framework regulatory takings analysis decided analysis apply property interest traditional property interes though end statute found inapplicable lien issue holding relied louisville joint stock land bank radford invalidated act interfered mortgages farms thus worked substantive rights specific property acquired bank prior act quoting radford supra unlike statutes issue security industrial bank radford coal act affect obligation relating specific property interest plurality adopting novel expansive concept taking order avoid making normative judgment coal act fails attempt must make normative judgment events see ante governmental action implicates fundamental principles fairness imprecision regulatory takings doctrine open door normative considerations wisdom government decisions see agins city tiburon zoning constitutes taking substantially advance legitimate state interests sort analysis uneasy tension basic understanding takings clause understood substantive absolute limit government power act clause operates conditional limitation permitting government wants long pays charge clause presupposes government intends otherwise constitutional language indicates frequently noted takings clause prohibit taking private property instead places condition exercise power basic understanding amendment makes clear designed limit governmental interference property rights per se rather secure compensation event otherwise proper interference amounting taking given constitutionality coal act appears turn legitimacy congress judgment rather availability compensation see ante case one said monetary relief government available remedy appropriate constitutional analysis arises general due process principles rather takings clause acknowledged passages cases imposition retroactive liability employer withdrawal pension plan might give support plurality discussion takings clause see connolly pension benefit guaranty corporation concrete pipe products construction laborers pension trust southern connolly said definition taking controlled set formula dependent ad hoc factual inquiries circumstances particular case applied regulatory takings analysis set forth penn central examines economic impact regulation extent interferes expectations character governmental action analysis result finding taking moreover prefaced entire takings discussion admonition surprising discover taking instance due process attack rejected see see also concrete pipe supra given due process arguments unavailing surprising indeed discover challenged statute nonetheless violating takings clause quoting connolly supra best connolly equivocal question whether apply regulatory takings analysis instances like one us reading connolly concrete pipe proceed first general due process principles reserving takings analysis cases governmental action otherwise permissible see connolly supra ere taken nothing use nullified contractual provision limiting liability imposing additional obligation otherwise within power congress impose see also duke power carolina environmental study group upholding due process grounds act supp placed cap civil liability nuclear accidents declining address petitioner request act declared taking compensation available tucker act authorities confirm view case controlled takings clause due process principles respecting retroactive laws given view takings analysis inapplicable case unnecessary comment upon plurality effort resolve jurisdictional question despite little briefing parties point divided courts appeals ii constitutionality coal act tested due process clause must invalidated accepted principles forbidding retroactive legislation type sufficient dispose case although hesitant subject economic legislation due process scrutiny general matter given careful consideration due process challenges legislation retroactive effects today plurality opinion notes centuries law harbored singular distrust retroactive statutes ante words chancellor kent retroactive statute partake character mischiefs ex post facto law every case relating contracts property every sound principle kent commentaries american law see also ibid rule retroactive application statutes founded english law principles general jurisprudence justice story reached similar conclusion retrospective laws indeed generally unjust forcibly said neither accord sound legislation fundamental principles social compact story commentaries constitution due process jurisprudence reflects distrust example usery turner elkhorn mining held due process requires inquiry whether enacting retroactive law legislature acted arbitrary irrational way even though prospective economic legislation carries presumption constitutionality follow congress legislate prospectively legislate retrospectively retrospective aspects economic legislation well prospective aspects must meet test due process justifications latter may suffice former repeated formulation numerous recent decisions given serious consideration due process challenges without questioning validity underlying due process principle carlton concrete pipe supra general motors romein sperry hemme pension benefit guaranty corporation gray decisions treat due process challenges based retroactive character statutes question serious meritorious thus con firming vitality legal tradition disfavor retroactive economic legislation indeed accident primary retroactivity precedents upon today plurality opinion relies takings analysis grounded due process ante citing turner elkhorn gray concrete pipe cases reflect recognition retroactive lawmaking particular concern courts legislative tempt ation use retroactive legislation means retribution unpopular groups individuals landgraf usi film products see also hochman constitutionality retroactive legislation harv rev retroactive law may passed exact knowledge benefit retroactive laws change legal consequences transactions long closed change destroy reasonable certainty security objects property ownership consequence due process protection property must understood incorporate settled tradition retroactive laws great severity groups targeted retroactive laws denied protection justified fear government formed protect expectations destroy stability investment confidence constitutional system secured due process restrictions severe retroactive legislation case us represents one rare instances legislature exceeded limits imposed due process plurality opinion demonstrates convincing fashion remedy created coal act bears legitimate relation interest government asserts support statute ante tradition degree retroactive effect significant determinant constitutionality statute carlton supra darusmont per curiam see also dunbar boston mass holmes plurality explains today creating liability events occurred years ago coal act retroactive effect unprecedented scope ante upheld imposition liability former employers based past employment relationships statutes issue remedial designed impose actual measurable cost employer business employer able avoid past turner elkhorn supra accord concrete pipe supra romein supra gray supra chancellor kent noted uch statutes held valid clearly reasonable conducive general welfare even though might operate degree upon existing rights kent supra coal act however serve purpose eastern coal business employed many beneficiaries responsible expectation lifetime health benefits perilous financial condition plans put benefits jeopardy plurality opinion discusses detail expectation created promises agreements made long eastern left coal business eastern responsible resulting chaos funding mechanism caused coal companies leaving framework national bituminous coal wage agreement ante case far outside bounds retroactivity permissible law finding due process violation case consistent principle deferential standard review applied substantive due process challenges economic legislation need mathematical precision fit justification means con crete pipe citing turner elkhorn statutes may invalidated due process grounds egregious circumstances case represents one rare instances even permissive standard violated application coal act eastern violate proper bounds settled due process principles concur plurality conclusion judgment appeals must reversed footnotes see ante plurality opinion joined rehnquist scalia thomas jj ante kennedy concurring judgment dissenting part national bituminous coal wage agreement nbcwa signatory company shared responsibility creating legitimate expectation among miners lifetime health benefits imposing liability companies profited retirees labor found rational usery turner elkhorn mining every signatory company including plaintiffs participated creation development health benefit program provided lifetime health benefits retirees almost fifty years congress rationally concluded participation led legitimate expectation lifetime health benefits honored coal act light arbitrary draw line anywhere nbcwa signatories plaintiffs respond nbcwa clauses nbcwa miners promised lifetime health plaintiffs never made therefore argue irrational congress require contributions signatories fact plaintiffs never contractually agreed provide lifetime benefits rebut rationality finding contributed expectation lifetime benefits coal commission congress found promise lifetime benefits dates back even though explicit nbcwa davon shalala omitted blue diamond argues irrational congress impose coal act liability upon blue diamond blue diamond promise employees receive lifetime health benefits undisputed nbcwas contain explicit promise lifetime benefits nbcwa agreement however several federal courts found mine workers america umwa members legitimate expectation lifetime benefits nbcwa based various funds history continuous payment benefits statements coal industry officials davon rationally concluded participation nbcwa benefit funds led legitimate expectation lifetime see also templeton coal shalala supp sd ind describing basis lifetime benefits expectation congress certainly rational basis concluding nbcwa signatories operators agreed bound nbcwas including blue diamond contributed toward legitimate expectations umwa members blue diamond coal accurate claim signatory operators executed nbcwas created legitimate expectation lifetime health benefits miners congress coal commission reviewed historical evidence concluded signatories made implicit commitment furnish benefits course appellant correct insisting commitment distilled congress historical data made explicit text nbcwas written eastern reads much omission sure implied commitment might enforceable civil suit ex contractu constitutional challenge breach contract case purposes due process review congress determination commitment made need rest upon legally enforceable promise enough congress conclusions existence effects commitment rational commission firmly believes retired miners entitled health care benefits promised guaranteed commitments must honored retired coal miners legitimate expectations health care benefits life promise received working lives planned retirement years commitment honored today expectations commitments jeopardy secretary labor advisory commission mine workers america retiree health benefits coal commission report quoted app may well true majority might able fashion wiser solution difficult problem nevertheless chief justice hughes observed dissent joined justices brandeis stone cardozo power committed congress govern interstate commerce require government wise much less perfect railroad retirement bd alton