The Court has since indicated in Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (1998), a case involving the citizen-suit provisions of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA), 42 U.S.C. (J.A. 1342(b) and (c). 28-30, infra. (b) FOE had Article III standing to bring this action. 181-182). See CWA 505(b)(1)(B), 33 U.S.C. 1319(b), and the imposition of criminal, civil, and administrative penalties, 33 U.S.C. Petitioners sought to deter violations that caused them, and would in the future cause them, injury in fact. 183). 33 U.S.C. See, e.g., City of Mesquite v. Alladin's Castle, Inc., 455 U.S. 283, 288-289 (1982). See CWA 505(a), 33 U.S.C. INC 1983, that "[i]t is settled law, of course, that relief need not be judicially decreed in order to justify a fee award under [42 U.S.C.] Fined $106,000 for discharging mercury at higher than legally allowed ratesinto the North Tyger river in 1992. Syllabus Opinion [ Ginsburg ] Concurrence LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Finally, we show why the court of appeals erred in holding that, because the district court denied injunctive relief, the petitioners' enforcement action is moot.4 A. On Sunday, Safety-Kleen's board approved a revised merger offer after Laidlaw increased the cash component to $18.30 a share from $18. In 1979, it acquired a Canadian contract school bus business. Industries. See, e.g., City of Mesquite v. Aladdin's Castle, Inc., 455 U.S. 283, 288-289 (1982); United States v. Concentrated Phosphate Export Ass'n, 393 U.S. 199, 203 (1968); United States v. W.T. Ibid. But the court denied injunctive relief as a matter of equitable discretion, treating Laidlaw's compliance history as a factor bearing on the exercise of that discretion. WebLaidlaw Environmental Services Environmental Services Division Is this Your Business? Id. ARGUMENT The Court of Appeals Erred In Holding That A Citizen Suit Must Be Dismissed As Moot Unless The Citizen Plaintiff Obtains Injunctive Relief The court of appeals' ruling that petitioners' citizen suit is moot rests on a misunderstanding of the Clean Water Act's citizen-enforcement provisions and this Court's mootness jurisprudence. If there were no such exception to the mootness doctrine, a defendant could thwart the efforts of other parties or the government to enforce the law indefinitely. April 12, 1999. Indeed, under those principles, Laidlaw was required to "demonstrate that it is 'absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur.'" WebACE is the Mid-Atlantics premier builder of water infrastructure projects. Working at Laidlaw Environmental Services: 9 Reviews Civil penalties, as an alternative to an injunction, would continue to be available unless it is "absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur."