Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.

120 S. Ct. 693, 13 Fla. L. Weekly Fed. S 37, 163 A.L.R. Fed. 749, 145 L. Ed. 2d 610, 528 U.S. 167, 2000 Cal. Daily Op. Serv. 289, 49 ERC (BNA) 1769, 2000 U.S. LEXIS 501, 2000 Daily Journal DAR 375, 1999 Colo. J. C.A.R. 142, 30 Envtl. L. Rep. (Envtl. Law Inst.) 20246
CourtSupreme Court of the United States
DecidedJanuary 12, 2000
Docket98-822
StatusPublished
Cited by6,240 cases

This text of 120 S. Ct. 693 (Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 120 S. Ct. 693, 13 Fla. L. Weekly Fed. S 37, 163 A.L.R. Fed. 749, 145 L. Ed. 2d 610, 528 U.S. 167, 2000 Cal. Daily Op. Serv. 289, 49 ERC (BNA) 1769, 2000 U.S. LEXIS 501, 2000 Daily Journal DAR 375, 1999 Colo. J. C.A.R. 142, 30 Envtl. L. Rep. (Envtl. Law Inst.) 20246 (U.S. 2000).

Opinions

[173]*173Justice Ginsburg

delivered the opinion of the Court.

This case presents an important question concerning the operation of the citizen-suit provisions of the Clean Water Act. Congress authorized the federal district courts to entertain Clean Water Act suits initiated by “a person or persons having an interest which is or may be adversely affected.” 33 U. S. C. §§ 1365(a), (g). To impel future compliance with the Act, a district court may prescribe injunc-tive relief in such a suit; additionally or alternatively, the court may impose civil penalties payable to the United States Treasury. § 1365(a). In the Clean Water Act citizen suit now before us, the District Court determined that injunctive relief was inappropriate because the defendant, after the institution of the litigation, achieved substantial compliance with the terms of its discharge permit. 956 F. Supp. 588, 611 (SC 1997)* The court did, however, assess a civil penalty of $405,800. Id., at 610. The “total deterrent effect” of the penalty would be adequate to forestall future violations, the court reasoned, taking into account that the defendant “will be required to reimburse plaintiffs for a significant amount of legal fees and has, itself, incurred significant legal expenses.” Id., at 610-611.

The Court of Appeals vacated the District Court’s order. 149 F. 3d 303 (CA4 1998). The case became moot, the appellate court declared, once the defendant folly complied with the terms of its permit and the plaintiff failed to appeal the denial of equitable relief “[C]ivil penalties payable to the government,” the Court of Appeals stated, “would not redress any injury Plaintiffs have suffered.” Id., at 307. Nor were attorneys’ fees in order, the Court of Appeals noted, because absent relief on the merits, plaintiffs could not qualify as prevailing parties. Id., at 307, n. 5.

We reverse the judgment of the Court of Appeals. The appellate court erred in concluding that a citizen suitor’s claim for civil penalties must be dismissed as moot when the [174]*174defendant, albeit after commencement of the litigation, has come into compliance. In directing dismissal of the suit on grounds of mootness, the Court of Appeals incorrectly conflated our case law on initial standing to bring suit, see, e. g., Steel Co. v. Citizens for Better Environment, 523 U. S. 83 (1998), with our case law on postcommencement mootness, see, e. g., City of Mesquite v. Aladdin’s Castle, Inc., 455 U. S. 283 (1982). A defendant’s voluntary cessation of allegedly unlawful conduct ordinarily does not suffice to moot a case. The Court of Appeals also mispereeived the remedial potential of civil penalties. Such penalties may serve, as an alternative to an injunction, to deter future violations and thereby redress the injuries that prompted a citizen suitor to commence litigation.

I

A

In 1972, Congress enacted the Clean Water Act (Act), also known as the Federal Water Pollution Control Act, 86 Stat. 816, as amended, 33 U. S. C. § 1251 et seq. Section 402 of the Act, 33 U. S. C. § 1342, provides for the issuance, by the Administrator of the Environmental Protection Agency (EPA) or by authorized States, of National Pollutant Discharge Elimination System (NPDES) permits. NPDES permits impose limitations on the discharge of pollutants, and establish related monitoring and reporting requirements, in order to improve the cleanliness and safety of the Nation’s waters. Noncompliance with a permit constitutes a violation of the Act. § 1342(h).

Under § 505(a) of the Act, a suit to enforce any limitation in an NPDES permit may be brought by any “citizen,” defined as “a person or persons having an interest which is or may be adversely affected.” 33 U. S. C. §§ 1365(a), (g). Sixty days before initiating a citizen suit, however, the would-be plaintiff must give notice of the alleged violation to the EPA, the State in which the alleged violation oc[175]*175curred, and the alleged violator. § 1365(b)(1)(A). “[T]he purpose of notice to the alleged violator is to give it an opportunity to bring itself into complete compliance with the Act and thus ... render unnecessary a citizen suit.” Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 484 U. S. 49, 60 (1987). Accordingly, we have held that citizens lack statutory standing under § 505(a) to sue for violations that have ceased by the time the complaint is filed. Id., at 56-63. The Act also bars a citizen from suing if the EPA or the State has already commenced, and is “diligently prosecuting,” an enforcement action. 33 U.S.C. § 1365(b)(1)(B).

The Act authorizes district courts in citizen-suit proceedings to enter injunctions and to assess civil penalties, which are payable to the United States Treasury. § 1365(a). In determining the amount of any civil penalty, the district court must take into account “the seriousness of the violation or violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and such other matters as justice may require.” § 1319(d). In addition, the court “may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate.” § 1365(d).

B

In 1986, defendant-respondent Laidlaw Environmental Services (TOC), Inc., bought a hazardous waste incinerator facility in Roebuck, South Carolina, that included a waste-water treatment plant. (The company has since changed its name to Safety-Kleen (Roebuck), Inc., but for simplicity we will refer to it as “Laidlaw” throughout.) Shortly after Laidlaw acquired the facility, the South Carolina Department [176]*176of Health and Environmental Control (DHEC), acting under 33 U. S. C. § 1342(a)(1), granted Laidlaw an NPDES permit authorizing the company to discharge treated water into the North Tyger River. The permit, which became effective on January 1,1987, placed limits on Laidlaw’s discharge of several pollutants into the river, including — of particular relevance to this case — mercury, an extremely toxic pollutant. The permit also regulated the flow, temperature, toxicity, and pH of the effluent from the facility, and imposed monitoring and reporting obligations.

Once it received its permit, Laidlaw began to discharge various pollutants into the waterway; repeatedly, Laidlaw’s discharges exceeded the limits set by the permit. In particular, despite experimenting with several technological fixes, Laidlaw consistently failed to meet the permit’s stringent 1.3 ppb (parts per billion) daily average limit on mercury discharges.

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Bluebook (online)
120 S. Ct. 693, 13 Fla. L. Weekly Fed. S 37, 163 A.L.R. Fed. 749, 145 L. Ed. 2d 610, 528 U.S. 167, 2000 Cal. Daily Op. Serv. 289, 49 ERC (BNA) 1769, 2000 U.S. LEXIS 501, 2000 Daily Journal DAR 375, 1999 Colo. J. C.A.R. 142, 30 Envtl. L. Rep. (Envtl. Law Inst.) 20246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friends-of-the-earth-inc-v-laidlaw-environmental-services-toc-inc-scotus-2000.