at 477 (J.A. In general, "a case is moot when the issues presented are no longer 'live' or the parties lack a legally cognizable interest in the outcome." In 1978 it entered the U.S. solid waste industry. The court then requested and received, through a brief amicus curiae, the views of the United States on that issue. EPA's policy expressly stated that a core objective of civil penalties is to deprive the defendant of the economic benefit of the violation in order to provide effective deterrence. 523 U.S. at 108. A district court does not necessarily transgress Article III's case-or-controversy limitation by resolving a Clean Water Act citizen suit through the imposition of civil penalties as the sole form of relief. The court additionally instructed that petitioners are not entitled to recover their litigation costs because they failed to prevail on the merits and therefore are not a "prevailing or substantially prevailing party" within the meaning of Section 505(d) of the Clean Water Act. 2. WebIn Friends of the Earth v. Laidlaw Environmental Services, Inc.}0 envi-ronmental groups brought action against Laidlaw, a NPDES permit holder, pursuant to the citizen suit provision17 of the Clean Water Act.18 The plaintiff organizations alleged that Laidlaw had failed to comply with its Id. Garbage, on the other hand, always had to be dealt with. Otherwise, that party could resume the behavior as soon as the case was dismissed for mootness. WebHistorically Laidlaw Waste and Laidlaw Environmental Services have been subsidiaries of Laidlaw, Inc., which in turn is a 47.5% owned subsidiary of Canadian Pacific. Cadence Environmental Energy The court noted that the penalty amounted to less than one half of the economic benefit that Laidlaw had obtained through non-compliance, but it concluded that the "total deterrent effect" was adequate, because "Laidlaw will be required to reimburse [petitioners] for a significant amount of legal fees and has, itself, incurred significant legal expenses." Grant Co., 345 U.S. 629, 632 (1953). This Court ruled in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 484 U.S. 49 (1987), that Section 505 allows citizens to commence citizen suits to compel compliance with the Clean Water Act, but not to sue merely to punish past infractions. Get free summaries of new US Supreme Court opinions delivered to your inbox! Laidlaw undertook those steps to interpose a bar to the citizen suit under Section 505(b)'s "diligent prosecution" provision, 33 U.S.C. The Court ruled that, even if EPCRA authorized a citizen to sue for wholly past violations, the citizens' suit must be dismissed because the citizens lacked Article III standing to seek relief that does not redress a cognizable "injury in fact" to the citizens. Laidlaw Environmental Services 98-822 FRIENDS OF THE EARTH, INC., ET AL., PETITIONERS v. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONERS INTEREST OF THE UNITED STATES The United States, in cooperation with the individual States, has primary responsibility for implementing and enforcing the Clean Water Act (CWA), 33 U.S.C. Id. The Clean Water Act The Clean Water Act creates a comprehensive program "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." Environmental App. 5 (1976)). 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. 1365(a)) in citizen suits specifically to facilitate that objective. In the 1990s, Laidlaw continued to acquire hundreds of smaller school bus and public transit contractors in the U.S. and Canada. 1365(b)(1)(B).2 Once the citizen files a suit, Section 505(c) directs that the citizen must serve a copy of the complaint on the Attorney General and the Administrator of EPA, and the citizen must provide them with advance notice of any proposed consent judgment. The site had problemsbefore Laidlaw purchased GSX, but Ohio EPA Director Richard Shank latercalled Laidlaw's operation, "horrendous and shoddyI never would havedreamed that (Laidlaw) would have gotten themselves into this kind of troublethisis not some corner drug store, this is a hazardous waste facility. Petitioners Friends of the Earth, Inc., Citizens Local Environmental Action Network, Inc., and the Sierra Club brought this citizen suit against respondent Laidlaw Environmental Services, Inc., to enjoin Laidlaw's violations of its Clean Water Act permit. Services; Innovations. WebLaidlaw Environmental Services, Inc. (U.S. Supreme Court) Ability of individuals bringing citizen-suits to seek civil penalties. 1319(d). 33 U.S.C. May 21, 2018. at 484-499 (J.A. Court of Appeals of South Carolina. The Court explained: A lawsuit sometimes produces voluntary action by the defendant that affords the plaintiff all or some of the relief he sought through a judgment-e.g., a monetary settlement or a change in conduct that redresses the plaintiff's grievances. 122; pp. Friends of the Earth brought an enforcement action against Laidlaw pursuant to the citizen-suit provision of the Federal Water Pollution Control Act (Clean Water Act). 1319(a), the initiation of civil actions for injunctive relief, 33 U.S.C. Held: The Fourth Circuit erred in concluding that a citizen suitor's claim for civil penalties must be dismissed as moot when the defendant, after commencement of the litigation, has come into compliance with its NPDES permit. Laidlaw Environmental Services has laid off 23 employees at its Reidsville office and its Columbia, S.C., headquarters in its third round of layoffs in eight months. "The companiestended to fail the tests of independence or accountability. Laidlaw II, 956 F. Supp. Laidlaw Environmental 1342(a)(1); 40 C.F.R. 9a n.5. Argued October 12, 1999-Decided January 12,2000. WebFriends of the Earth, Inc. v. Laidlaw Environmental Services, Inc. 528 U.S. 167 (2000) Study Aids Case Briefs Overview Casebooks Case Briefs From our private database of 38,100+ Company size. The District Court also denied Laidlaw's motion to dismiss on the ground that the citizen suit was barred under 1365(b)(I)(B) by DREC's prior action against the company. The facility included a wastewater treatment plant that removed pollutants from (J.A. Laidlaw I, 890 F. Supp. CWA 101(a), 33 U.S.C. This Court has held that to satisfy Article Ill's standing requirements, a plaintiff must show "injury in fact," causation, and redressability. $500,000 civil penalty addressing hazardous waste burning violations. 1995). Renewable Energy Semiconductor Manufacturing. v. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, No. Since the environmental services arm went bankrupt, needless to say those of us that worked there were shocked and dismayed. Congress drew that factor, as well as others, from EPA's pre-existing civil penalty policy. Weve been identifying carbon-rich wastes to use in our Chem-Fuel program since 1975. See 523 U.S. at 86-88. US 4th Circuit Opinions and Cases | FindLaw B. Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc. It ruled, based on an extrapolation of this Court's decision in Steel Co., that the district court's denial of petitioners' request for an injunction rendered this case constitutionally moot and prohibited the district court from assessing civil penalties. 1988." Grant Co., 345 U.S. at 633 ("The purpose of an injunction is to prevent future violations."). at 611 (J.A. See Arizonans for Official English v. Arizona, 520 U.S. 43, 67 (1997); County of Los Angeles v. Davis, 440 U.S. 625, 631 (1979). These also included major competitors, including Mayflower Contract Services in 1995, and National Bus Service in 1996. 33 U.S.C. Environmental Ibid. The court of appeals' exclusive focus on what relief the citizen received departs from the methodology that courts normally apply in analyzing mootness. Congress and state legislatures have empowered those governmental entities to call upon a variety of mechanisms-including administrative penalties, judicial injunctions and civil penalties, and criminal sanctions-to compel a facility to comply with its permit and to punish permit violations. May 21, 2018. See reviews, photos, directions, phone numbers and more for Laidlaw Environmental Svc Inc locations in Newport News, VA. A-1 Environmental Services Inc. Environmental Services-Site Remediation Janitorial Service. Grant Co., 345 U.S. at 632). See CWA 309(a)-(g), 33 U.S.C. WebRincon Consultants, Inc. was founded in 1994 and has grown to be a leading environmental consulting firm throughout California. Although the court of appeals appears wrong in suggesting that petitioners are not entitled to recover their litigation costs, that matter should be addressed, if it becomes necessary, through the proceedings on remand. Assuming, arguendo, that FOE initially had standing, the appellate court held that the case had become moot once Laidlaw complied with the terms of its permit and the plaintiffs failed to appeal the denial of equitable relief. 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. ACE | Water & Wastewater Treatment Facilities | Columbia MD 1997); Natural Resources Defense Council v. Texaco Refining & Marketing, Inc., 2 F.3d 493, 502 (3d Cir. Penalized $1.825 million, the state's largest penalty ever, for repeatedviolations including improper disposal of infectious waste and wastewatersludge (36 total). Indeed, the lower courts, which have practical experience with the effectiveness of particular remedies, have concluded that civil penalties are an effective deterrent for Clean Water Act violations. But it nevertheless denied injunctive relief, stating that Laidlaw need not demonstrate "no chance of a future permit violation" to defeat petitioners' request for an injunction. WebLaidlaw Environmental Services | 17 followers on LinkedIn. In the Supreme Court of the United States FRIENDS OF THE EARTH, INC., ET AL., PETITIONERS v. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONERS SETH P. WAXMAN Solicitor General Counsel of Record LOIS J. SCHIFFER Assistant Attorney General LAWRENCE G. WALLACE Deputy Solicitor General JEFFREY P. MINEAR Assistant to the Solicitor General DAVID C. SHILTON R. JUSTIN SMITH Attorneys Department of Justice Washington, D.C. 20530-0001 (202) 514-2217 QUESTIONS PRESENTED 1. WebLaidlaw Environmental Services (TOC), Inc., 890 F. Supp. If an NPDES permit holder fails to comply with the specified permit conditions, the federal and state governments may take enforcement action. Formore on strategy and organizing see our Strategy Guide. See Arizonans for Official English v. Arizona, 520 U.S. 43, 66-67 (1997) (courts may assume that standing exists to resolve whether a case has nevertheless become moot). See CWA 309(a), 402(b)(7), 33 U.S.C. The court reasoned that "this action is moot because the only remedy currently available to [petitioners]-civil penalties payable to the government- would not redress any injury [petitioners] have suffered." WebLAIDLAW ENVIRONMENTAL SERVICES INC is listed in the categories Environmental Contractors, Environmental Conservation & Ecological Services, Air And Water Resource The court of appeals did not reach any of those issues and instead concluded, after supplemental briefing, that the case was non-justiciable as a constitutional matter because the action had become moot. See Laidlaw I, 890 F. 2d at 478-479 (J.A. Cf. ; South Carolina EnvironmentalCompliance Update, August, 1994.19 "DHEC Levies $214,000 LandfillFine," The Herald (Rock Hill, S.C.) August 21, 1996 Wednesday.20 "Don't Let Industry Hide Audits,"William Want, Special to The Herald; The Herald (Rock Hill, S.C.) May 11,1996 Saturday.21 "Laidlaw fined $94,000, "Financial Post, March 24, 1993.22"$10,000 Fine For Laidlaw DecriedAs 'Pro-Polluter'," Alexander Norris, The Gazette; CP The Gazette (Montreal),September 17, 1996.23 "Company Hired To Sniff OutOdors Near Hilliard School," Jeff Ortega; The Columbus Dispatch, December21, 1996.24 "School Principal Hoping NewSewage Building Will Clear Air," Randall Edwards; The Columbus Dispatch,September 15, 1996"25 Laidlaw-A Corporate Profile,CCHW, 703-237-224.26 "Campbell Board Best, ADMWorst," Reuters, November 14, 1996.27 "Mrs. Robinson's neighborhood,environmental activist Florence Robinson;" The Sierra Club Bulletin, July,1996.28 "Up in smoke; Clean Air Actamendments," The Nation, October 23, 1989. Specifically, the court of appeals incorrectly concluded that the district court's discretionary decision to withhold injunctive relief in the face of Laidlaw's post-complaint cessation of its permit violations necessarily rendered petitioners' enforcement action moot. Laidlaw II, 956 F. Supp. 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. (TOC), Inc., 956 F. Supp. 531, 536 (1984). Art. WebLaidlaw Environmental Services | 17 followers on LinkedIn. ENVIRONMENTAL SERVICES Office of the Solicitor General City of Mesquite, 455 U.S. at 289 n.10. The permit authorized Laidlaw to discharge treated water and limited pollutants. LAIDLAW ENVIRONMENTAL SERVICES INC 141-143); Friends of the Earth, Inc. v. Laidlaw Envtl. The U.S. Department of Energy (DOE) Pinellas Plant in Largo, FL is proposing to ship and dispose of hazardous sludge, listed as F006 waste, to the Laidlaw Environmental Services of South Carolina, Inc. (Laidlaw) treatment, storage, and disposal facility in Pinewood, South Carolina. Laidlaw began to discharge various pollutants into the waterway. Troubles at Laidlaw, however, continued to dog DeGroote even after heleft. LAIDLAW ENVIRONMENTAL In issuing its judgment, the. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Co., 516 U.S. 415, 416 (1996) (per curiam) (vacating decision for determination of mootness); see also United States Dep't of Justice v. Provanzano, 469 U.S. 14 (1984) (congressional enactment mooted one issue but not the entire case). 106-136). In particular, the District Court found that the judgment's "total deterrent effect" would be adequate to forestall future violations, given that Laidlaw would have to reimburse the plaintiffs for a significant amount of legal fees and had itself incurred significant legal expenses. Create a free account to access additional details for Laidlaw Environmental Services, Inc. and other profiles that you visit. [6] Allied Waste sold the Canadian operations to USA Waste Services, Inc. Laidlaw American branches were re-branded to many different names, depending on their location. The court added that FOE's failure to obtain relief on the merits precluded recovery of attorneys' fees or costs because such an award is available only to a "prevailing or substantially prevailing party" under 1365(d).
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