(1) Was Congress unmistakably clear? Yes. CERCLA clearly permits suits for money damages against States.
(2) Did Congress act pursuant to a valid power? (i.e – 5 of 14th Am.) Yes. Similar to Fitzpatrick, Commercial clause is not invasion of state sovereign immunity. It is parallel w/ 14th Amendment; every increase in fed. power corresponds to a decrease in state power & it makes no difference that 14th amend did it in 2 steps (sec.1 & sec. 5) but the Com. clause does it in one. To the extent that the states gave Congress authority to regulate commerce, they relinquished immunity.
Congressional power would be incomplete if the State was not liable in damages. Doesn’t outright overrule Hans v. LA, but “considers its validity”.