Steel Co. v. Citizens for a Better Environment

140 L. Ed. 2d 210, 118 S. Ct. 1003, 11 Fla. L. Weekly Fed. S 369, 523 U.S. 83, 1998 Colo. J. C.A.R. 1025, 98 Cal. Daily Op. Serv. 1512, 28 Envtl. L. Rep. (Envtl. Law Inst.) 20434, 46 ERC (BNA) 1097, 1998 U.S. LEXIS 1601, 66 U.S.L.W. 4174, 98 Daily Journal DAR 2102
CourtSupreme Court of the United States
DecidedMarch 4, 1998
Docket96-643
StatusPublished
Cited by9,807 cases

This text of 140 L. Ed. 2d 210 (Steel Co. v. Citizens for a Better Environment) 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
Steel Co. v. Citizens for a Better Environment, 140 L. Ed. 2d 210, 118 S. Ct. 1003, 11 Fla. L. Weekly Fed. S 369, 523 U.S. 83, 1998 Colo. J. C.A.R. 1025, 98 Cal. Daily Op. Serv. 1512, 28 Envtl. L. Rep. (Envtl. Law Inst.) 20434, 46 ERC (BNA) 1097, 1998 U.S. LEXIS 1601, 66 U.S.L.W. 4174, 98 Daily Journal DAR 2102 (U.S. 1998).

Opinions

[86]*86Justice Scalia

delivered the opinion of the Court.

This is a private enforcement action under the citizen-suit provision of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA), 100 Stat. 1755, 42 U. S. C. § 11046(a)(1). The case presents the merits question, answered in the affirmative by the United States Court of Appeals for the Seventh Circuit, whether EPCRA authorizes suits for purely past violations. It also presents the jurisdictional question whether respondent, plaintiff below, has standing to bring this action.

I

Respondent, an association of individuals interested m environmental protection, sued petitioner, a small manufacturing company in Chicago, for past violations of EPCRA. EPCRA establishes a framework of state, regional, and local agencies designed to inform the public about the presence of hazardous and toxic chemicals, and to provide for emergency response in the event of health-threatening release. Central to its operation are reporting requirements compelling users of specified toxic and hazardous chemicals to file annual [87]*87“emergency and hazardous chemical inventory forms” and “toxic chemical release forms,” which contain, inter alia, the name and location of the facility, the name and quantity of the chemical on hand, and, in the ease of toxic chemicals, the waste-disposal method employed and the annual quantity released into each environmental medium. 42 U. S. C. §§ 11022 and 11023. The hazardous-chemical inventory forms for any given calendar year are due the following March 1st, and the toxic-chemical release forms the following July 1st. §§ 11022(a)(2) and 11023(a).

Enforcement of EPCRA can take place on many fronts. The Environmental Protection Agency (EPA) has the most powerful enforcement arsenal: it may seek criminal, civil, or administrative penalties. § 11045. State and local governments can also seek civil penalties, as well as injunctive relief. §§ 11046(a)(2) and (c). For purposes of this ease, however, the crucial enforcement mechanism is the citizen-suit provision, § 11046(a)(1), which likewise authorizes civil penalties and injunctive relief, see § 11046(c). This provides that “any person may commence a civil action on his own behalf against. . . [a]n owner or operator of a facility for failure,” among other things, to “[cjomplete and submit an inventory form under section 11022(a) of this title . . . [and] section 11023(a) of this title.” § 11046(a)(1). As a prerequisite to bringing such a suit, the plaintiff must, 60 days prior to filing his complaint, give notice to the Administrator of the EPA, the State in which the alleged violation occurs, and the alleged violator. § 11046(d). The citizen suit may not go forward if the Administrator “has commenced and is diligently pursuing an administrative order or civil action to enforce the requirement concerned or to impose a civil penalty.” § 11046(e).

In 1995 respondent sent a notice to petitioner, the Administrator, and the relevant Illinois authorities, alleging — accurately, as it turns out — that petitioner had failed since 1988, the first year of EPCRA’s filing deadlines, to complete and [88]*88to submit the requisite hazardous-chemical inventory and toxic-chemical release forms under §§11022 and 11023. Upon receiving the notice, petitioner filed all of the overdue forms with the relevant agencies. The EPA chose not to bring an action against petitioner, and when the 60-day waiting period expired, respondent filed suit in Federal District Court. Petitioner promptly filed a motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and (6), contending that, because its filings were up to date when the complaint was filed, the court had no jurisdiction to entertain a suit for a present violation; and that, because EPCRA does not allow suit for a purely historical violation, respondent’s allegation of untimeliness in filing was not a claim upon which relief could be granted.

The District Court agreed with petitioner on both points. App. to Pet. for Cert. A24-A26. The Court of Appeals reversed, concluding that citizens may seek penalties against EPCRA violators who file after the statutory deadline and after receiving notice. 90 F. 3d 1237 (CA7 1996). We granted certiorari, 519 U. S. 1147 (1997).

II

We granted certiorari in this ease to resolve a conflict between the interpretation of EPCRA adopted by the Seventh Circuit and the interpretation previously adopted by the Sixth Circuit in Atlantic States Legal Foundation, Inc. v. United Musical Instruments, U. S. A., Inc., 61 F. 3d 473 (1995) — a ease relied on by the District Court, and acknowledged by the Seventh Circuit to be “factually indistinguishable,” 90 F. 3d, at 1241-1242. Petitioner, however, both in its petition for certiorari and in its briefs on the merits, has raised the issue of respondent’s standing to maintain the suit, and hence this Court’s jurisdiction to entertain it. Though there is some dispute on this point, see Part III, infra, this would normally be considered a threshold question that must be resolved in respondent’s favor before proceeding to the [89]*89merits. Justice Stevens’ opinion concurring in the judgment, however, claims that the question whether § 11046(a) permits this cause of action is also “jurisdictional,” and so has equivalent claim to being resolved first. Whether that is so has significant implications for this case and for many others, and so the point warrants extended discussion.

It is firmly established in our eases that the absence of a valid (as opposed to arguable) cause of action does not implicate subject-matter jurisdiction, i. e., the courts’ statutory or constitutional power to adjudicate the ease. See generally 5A C. Wright & A. Miller, Federal Practice and Procedure §1850, p. 196, n. 8 and eases cited (2d ed. 1990). As we stated in Bell v. Hood, 327 U. S. 678, 682 (1946), “[jlurisdiction ... is not defeated ... by the possibility that the aver-ments might fail to state a cause of action on which petitioners could actually recover.” Rather, the district court has jurisdiction if “the right of the petitioners to recover under their complaint will be sustained if the Constitution and laws of the United States are given one construction and will be defeated if they are given another,” id., at 685, unless the claim “clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction or where such a claim is wholly insubstantial and frivolous.” Id., at 682-683; see also Bray v. Alexandria Women’s Health Clinic, 506 U. S. 263, 285 (1993); The Fair v. Kohler Die & Specialty Co., 228 U. S. 22, 25 (1913). Dismissal for lack of subject-matter jurisdiction because of the inadequacy of the federal claim is proper only when the claim is “so insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise completely devoid of merit as not to involve a federal controversy.” Oneida Indian Nation of N.Y. v.

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140 L. Ed. 2d 210, 118 S. Ct. 1003, 11 Fla. L. Weekly Fed. S 369, 523 U.S. 83, 1998 Colo. J. C.A.R. 1025, 98 Cal. Daily Op. Serv. 1512, 28 Envtl. L. Rep. (Envtl. Law Inst.) 20434, 46 ERC (BNA) 1097, 1998 U.S. LEXIS 1601, 66 U.S.L.W. 4174, 98 Daily Journal DAR 2102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steel-co-v-citizens-for-a-better-environment-scotus-1998.