laidlaw environmental services inc website

Web4 FRIENDS OF EARTH, INC. v. LAIDLAW ENVI-RONMENTAL SERVICES (TOC), INC. Opinion of the Court any good-faith efforts to comply with the applicable re-quirements, the economic impact of the penalty on the violator, and such other matters as justice may require. 1319(d). In 1983, BFI pleadedno contest to charges of price-fixing and conspiracy in Atlanta from 1974to 1979. App. Id. An NPDES permit also typically imposes monitoring and reporting obligations, which require the facility to measure its discharges at prescribed times and document those measurements through publicly available discharge monitoring reports (DMRs). The permit authorized Laidlaw to discharge treated water into the North Tyger River, but limited, among other things, the discharge of pollutants into the waterway. Argued October 12, 1999-Decided January 12,2000. WebRincon Consultants, Inc. was founded in 1994 and has grown to be a leading environmental consulting firm throughout California. All Trademarks and Copyrights are owned by their respective companies and/or entities. Cf. Section 402 of the Act establishes the National Pollutant Discharge Elimination System (NPDES), which authorizes the federal government and qualifying States to issue permits for controlling the point-source discharge of pollutants. In the 1990s, Laidlaw continued to acquire hundreds of smaller school bus and public transit contractors in the U.S. and Canada. As the Court has explained: "Mere voluntary cessation of allegedly illegal conduct does not moot a case; if it did, the courts would be compelled to leave '[t]he defendant . Attorney (s) appearing for the Case The Fourth Circuit vacated the District Court's order and remanded with instructions to dismiss the action. App. 93-94). Pet. Glen Roberts was the MedTrans CEO and Donald Jones, COO, at the time of the Laidlaw acquisition. The district court did not treat petitioners' claims against Laidlaw as moot. After incurring heavy losses through its investments in Safety-Kleen and Greyhound Lines and after almost 20 years of expansion, Laidlaw Inc. filed for protection under Chapter 11 of the U.S. Bankruptcy Code in June 2001. WebLAIDLAW ENVIRONMENTAL SERVICES INC is listed in the categories Environmental Contractors, Environmental Conservation & Ecological Services, Air And Water Resource These discharges, particularly of mercury, repeatedly exceeded the limits set by a discharge On the last day before FOE's 60-day notice period expired, DREC and Laidlaw reached a settlement requiring Laidlaw to pay $100,000 in civil penalties and to make "every effort" to comply with its permit obligations. at 611 (J.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. 181-182). Laidlaw used these 1319(a)-(g); see also 40 C.F.R. Syllabus Soc'y, supra). See Gwaltney, 484 U.S. at 65-66; id. in Opp. DREC acceded to Laidlaw's request to file a lawsuit against the company. Congress's authorization of civil penalties in citizen suits, however, is properly viewed as limited to the "forward-looking" objective of deterring the defendant from further non-compliance. Section 309 of the Clean Water Act provides for a variety of government enforcement measures, including the issuance of compliance orders, 33 U.S.C. 183). 9a. E.g., County of Los Angeles, 440 U.S. at 631. The facility included a wastewater treatment plant that removed pollutants from (J.A. (J.A. WebFind company research, competitor information, contact details & financial data for Laidlaw, Inc. of Little Rock, AR. WebLaidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000). At the time of that suit, Section 505(d) of the Clean Water Act authorized courts to award attorneys' fees "whenever the court determines such award is appropriate." 1365, must be dismissed as moot unless the district court orders injunctive relief. 1319(d). 158), with Steel Co., 523 U.S. at 88, and Gwaltney, 484 U.S. at 55. WebLaidlaw Environmental Services - Case - Faculty & Research - Harvard Business School Harvard Business School Faculty & Research Publications July 1993 (Revised August 1994) Case HBS Case Collection Laidlaw Environmental Services By: Richard H.K. at 601-610 (J.A. See CWA 505(b)(1)(B), 33 U.S.C. Allied Waste SystemsAllied's Chief Executive Officer, Roger Ramsey, was the Vice Presidentand Chief Financial Officer for BFI from 1968 to 1976. See Laidlaw I, 890 F. 2d at 478-479 (J.A. 1251 et seq. In May 1995, the parties filed cross-motions for summary judgment. Get the latest business insights from Dun & Bradstreet. See 523 U.S. at 106. Official websites use .gov As a part of that program, Section 301(a) of the Act prohibits all discharges of pollutants into navigable waters except those made in compliance with the Act. WebI - ISSUES RAISED BY FRIENDS OF THE EARTH V.LAIDLAW - PIERCE.DOC 04/25/01 9:37 AM 207 ISSUES RAISED BY FRIENDS OF THE EARTH V. LAIDLAW ENVIRONMENTAL SERVICES: ACCESS TO THE COURTS FOR ENVIRONMENTAL PLAINTIFFS RICHARD J. The court observed that the Constitution's "Case[]" or "Controvers[y]" requirement, U.S. Const. Laidlaw Environmental Services is a renewables & environment company based out of 4101 Washington Ave, Newport News, Virginia, United States. 28-30, infra. Grant Co., 345 U.S. 629, 632 (1953). Fined $106,000 for discharging mercury at higher than legally allowed ratesinto the North Tyger river in 1992. The former Virginia Overland subsidiary operation in the Norfolk area acquired from Laidlaw operates as Transquest and is now owned by Serco. In acquiring Laidlaw, FirstGroup announced that the Laidlaw name would not be kept, but that the Greyhound name would be maintained. A party trying to show that the mootness doctrine applies because it will voluntarily cease an activity must show that the activity would not recur. Virginia Overland Transportation was an operator of public service transportation and a much smaller industry consolidator in the state. Section 505 provides for citizen enforcement of the Act. EPA, as well as the issuing state agency, may enforce a state-issued NPDES permit. Petitioners sought to deter violations that caused them, and would in the future cause them, injury in fact. WebFRIENDS OF EARTH, INC. V. LAIDLAW ENVI-RONMENTAL SERVICES (TOC), INC. (98-822) 528 U.S. 167 (2000) 149 F.3d 303, reversed and remanded. See CWA 505(a), 33 U.S.C. Pet. at 478 (J.A. The court refused to grant petitioners' request for injunctive relief, reasoning that an injunction was inappropriate because "Laidlaw has been in substantial compliance with all parameters in its NPDES permit since at least August 1992." 470, 475 (D.S.C. at 600-601 (J.A. 1342(a)(2); 40 C.F.R. Under this Court's normal practice, the case will be remanded for resolution of the remaining issues that the court of appeals did not reach, including the question of petitioners' standing. The district court found that Laidlaw had violated its permit both before and after petitioners filed their citizen suit, but had ceased the violations before final judgment. at 109. 470 (D.S.C. City of Mesquite v. Aladdin's Castle, Inc., 455 U. S. 283, 289. SUMMARY OF ARGUMENT The court of appeals erred in ruling that a Clean Water Act citizen suit, brought to compel a regulated entity to comply with its NPDES permit, must be dismissed as moot if the district court concludes that injunctive relief is unwarranted. Forced to address complaints from the school next door of odors and noiseIn 1994, odors from Laidlaw's industrial wastewater treatment facilitywere so strong, children reported burning eyes and throats. The question, for purposes of Article III's case-or-controversy requirement, is whether petitioners' claim for relief presented a live controversy under the principles that this Court has established for determining mootness. The district court's statements respecting the appropriateness of equitable relief do not provide what a determination of mootness would require: a definitive finding that it is absolutely clear there is no reasonable prospect that Laidlaw would repeat its violations. See CWA 505(d), 33 U.S.C. The court of appeals concluded that the district court's refusal to provide injunctive relief had critical constitutional implications. at 760-761. If the Court concludes that petitioners' suit is not moot, the issue of petitioners' standing would be resolved on remand. 182), but it refused to issue an "injunction or other form of equitable relief" in light of "the fact that Laidlaw is now and has for an extended period of time been in compliance with its permit," ibid. at 477, 478-479 (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." 159). A plaintiff prevails on the "merits of his claim" if a court finds that the defendant, in direct response to the plaintiff's suit, has altered his behavior in a way that renders the claim moot as a matter of law. They have operated tour bus companies (they own Greyhound), ambulance services, para-trasit companies and other types of transportation services. (b) FOE had Article III standing to bring this action. Hewitt v. Helms, 482 U.S. 755, 761 (1987). Citing Steel Co. v. Citizens for Better Environment, 523 U. S. 83, the court reasoned that the only remedy currently available to FOE, civil penalties payable to the Government, would not redress any injury FOE had suffered. 1319(a), 1342(b)(7). (TOC), Inc., 956 F.Supp. See Gwaltney, 484 U.S. at 66-67. Id. CWA 309, 402(b)(7), 33 U.S.C. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC., a subsidiary of Laidlaw Environmental Services, Inc., Appellant, v. AETNA CASUALTY & SURETY COMPANY OF ILLINOIS, Respondent. May 22, 2018. 8a-9a. Id. Nevertheless, Congress has recognized, in light of the sheer size of a water pollution program requiring a permit for every point-source discharge in the Nation, that the federal and state governments cannot adequately enforce the NPDES permit program without citizen cooperation and assistance. Fined $1 million for violations including illegal handling and disposalof hazardous wastes at its commercial hazardous waste fuel blending facilityin Crowley. 123.27. The United States is also a potential defendant in citizen enforcement actions against federal facilities. The district court evaluated the Clean Water Act's criteria for imposing civil penalties (CWA 309(d), 33 U.S.C. And if those allegations are disputed, the plaintiff must be prepared to come forward with sufficient evidence to withstand a motion for summary judgment and to prove those facts at trial. "26Rollins has been cited for more than 100 violations, both state and federal,but has not paid any penalties.27And in 1989,"Rollins was fined $ 1.9 million for its involvement in illegalshipments of hazardous ash; this year, after running eighteen years onvarious temporary permits, it received a final operating license."28. Pet. 4a. C. The court of appeals erred in failing to apply the Court's teachings in City of Mesquite and other decisions, which establish that a defendant's mere voluntary cessation of unlawful conduct does not automatically moot a case. CWA 505(g), 33 U.S.C. As this Court recognized in Gwaltney, the primary function of the citizen-suit provisions is to compel compliance with the law, 484 U.S. at 59-63, and it is therefore reasonable to conclude that Congress provided for "appropriate civil penalties" (33 U.S.C. District Court found that Laidlaw had gained a total economic benefit of $1,092,581 as a result of its extended period of noncompliance with the permit's mercury discharge limit; nevertheless, the court concluded that a civil penalty of $405,800 was appropriate. at 5a. The court concluded that "the fact that Laidlaw is now and has for an extended time been in compliance with its permit" supported its decision that "no injunction or other form of equitable relief is appropriate." See Tull, 481 U.S. at 422 n.8. The company later sold American Medical Response and EmCare, its EMS contract operations, to new owners. This article is about the transportation corporation. at 613-621 (J.A. It argued that the case was now moot because it had corrected the problems from which it had stemmed. at 70 (Scalia, J., concurring in part and dissenting in part). free to return to his old ways.'" App. Id. It apparently saw no need to invoke the foregoing mootness principles, and it did not make specific findings on the question whether it was clear that Laidlaw's permit violations could not reasonably be expected to recur. 588, 600-01, 610 (D.S.C.1997). on Public Works and Transp., 98th Cong., 2d Sess. Historical business data for Laidlaw International Inc.: Historical business data for Laidlaw Global Corp.: This page was last edited on 19 April 2023, at 16:25. In May 1995, the parties filed cross-motions for summary judgment. App. The Court has since indicated in Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (1998), that a private citizen would lack constitutional standing to bring a suit solely to assess civil penalties for past infractions. at 318. WebCode Environmental Services, Inc. has been providing turn-key remedial and environmental construction services to a repeat customer base of Fortune 500 corporations, national engineering firms, and major utility companies for almost 30 years. 1 n.1. Laidlaw undertook those steps to interpose a bar to the citizen suit under Section 505(b)'s "diligent prosecution" provision, 33 U.S.C. City of Mesquite, 455 U.S. at 289 n.10. 1998); Atlantic States Legal Found., Inc. v. Stroh Die Casting, Inc., 116 F.3d 814, 820 (7th Cir. The Court explained that "the irreducible constitutional minimum of standing" consists of the "triad of injury in fact, causation, and redressability," which "constitutes the core of Article III's case-or-controversy requirement." WebLaidlaw Environmental Services, Inc. (U.S. Supreme Court) Ability of individuals bringing citizen-suits to seek civil penalties. 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." Art. The court imposed civil penalties expressly to "provide adequate deterrence" of future violations. 1993) (collecting cases and secondary sources). 956 F. Supp. 2d 584 (S.D. Container Corp., a South Carolina subsidiaryof Allied that was responsible for the Fort Mill transfer station, paida $55,000 fine and the station was closed. Section 402(b) and (c) authorizes the States to develop and administer their own NPDES permit programs and provides that EPA shall suspend issuance of federal permits upon determining that a State has adopted an adequate program. 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. In 1978, Laidlaw entered the United States solid waste industry, Laidlaw Waste Systems, a wholly owned subsidiary of Laidlaw Inc, In 1986 Laidlaw acquired Genstar Corp (GSX) of Boston and in 1996 then sold its solid waste business to Allied Waste Industries and many former Laidlaw operations where then rebranded to local names depending on the locations. 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. Ibid. This Court concluded that the Clean Water Act does not "deny courts the discretion to rely on remedies other than an immediate prohibitory injunction." See EPA Civil Penalty Policy (1984), reprinted in Implementation of the Federal Clean Water Act: Hearings on H.R. Tanning, 993 F.2d 1017, 1020-1021 (2d Cir. In 2019, ECOS is celebrating its 15th year anniversary due to our highly regarded customer service. As Section 505(a) makes clear, a citizen may ask the district court to "apply any appropriate civil penalties under [Section 309(d), 33 U.S.C. See, e.g., Allen v. Wright, 468 U.S. 737, 750 (1984). 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. In addition, if the defendant knows that it faces the prospect of civil penalties as well as an injunction, it will not have an incentive to engage in "dilatory tactics" to prolong the litigation in the hope of eliminating the need for an injunction and then claiming that the citizen's claim for assessment of the accumulated civil penalties is moot. 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 See 33 U.S.C. Fined $22,500 for hazardous waste burning violations discovered duringa 1990 inspection. (J.A. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environ-mental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. at 102-110. Laidlaw I, 890 F. Supp. It directs that the court may impose a maximum penalty of $25,000 per day of violation and that, when assessing the penalty, the court shall consider "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." 4, In the meanwhile, Degroote busied himself building a new waste empire.In 1991, DeGroote took over Republic Waste from Browning Ferris Industriesfounder Tom Fatjo.5In 1995 DeGroote gave up control of Republic to Waste Management Inc. founderWayne Huizenga. D. Because the court of appeals erred in concluding that the district court's decision to withhold injunctive relief rendered petitioners' citizen suit moot, there is no occasion for this Court to review the court of appeals' suggestion that a finding of mootness would preclude petitioners from recovering their costs of litigation. 1311(a), 1342. Services. Industries. Organizing Tip-For all intents and purposes, Laidlaw's trackrecord is still relevant since the same management will be probably beoperating the facilities. The court of appeals should not have based a determination of mootness on the mere fact that the district court imposed civil penalties but did not provide injunctive relief. Penalized $1.825 million, the state's largest penalty ever, for repeatedviolations including improper disposal of infectious waste and wastewatersludge (36 total). United States District Court, D. Massachusetts. Brought on behalf of the Ohio Public Interest Research Group and the Ohio Environmental Council, our lawsuit focused on Laidlaws years of repeated, illegal discharges of heavy metals into the [] 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. 91, 93-95). Nevertheless, the determination of whether injunctive relief is warranted is a matter within the trial court's discretion. 1993); Atlantic States Legal Found., Inc. v. Pan Am. 158); see also id. 122.41(j) and (l). 1319(d)]" to deter future violations. 33 U.S.C. CWA 101(a), 33 U.S.C. 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. WebWe put it to work as energy to make cement. WebRincon Consultants, Inc. was founded in 1994 and has grown to be a leading environmental consulting firm throughout California. See CWA 402(a)(2), 33 U.S.C. The LAIDLAW ENVIRONMENTAL SERVICES, INC. principal address is 1301 GERVAIS STREET, SUITE 300, COLUMBIA, SC, 29201. Like the court of appeals (see note 3, supra), we assume, for purposes of resolving the mootness question, that Laidlaw's permit violations have caused petitioners injury in fact. Receive an email notification when changes occur for Laidlaw Environmental Services, Inc.. Grant Co., 345 U.S. at 633, 635-636 ("although the actions were not moot, no abuse of discretion has been demonstrated in the trial court's refusal to award injunctive relief"); see generally City of Mesquite, 455 U.S. at 289. The deal combined North America's two largest private school bus operatorsEducation Services and First Student Inc.giving them a combined 40% of the school bus contractor market.[4]. Ibid. Laidlaw sold BFI their 29% stake in Attwoods to for$132.5 million. Laidlaw installed additional pollution control technology in 1991, but nevertheless violated the mercury limitation more than 100 times in 1992. 6a. The Court reasoned that Section 505(a)(1), which authorizes a citizen to sue persons "alleged to be in violation" of permit requirements (33 U.S.C. In 1996, Laidlaw sold its solid waste business to Allied Waste Industries. Ask them, in public, for the background and experienceof the management for your local facility. The state court approved the settlement on June 10, 1992, the day after the expiration of Section 505(b)'s 60-day notice period, 33 U.S.C. Pet. A dispute may become moot as a result of changes in the underlying facts, see, e.g., Mosley v. United States, 119 S. Ct. 484 (1998) (per curiam) (death of the defendant mooted review of his criminal conviction); Vitek v. Jones, 436 U.S. 407 (1978) (grant of parole may moot prisoner's challenge to conditions of confinement), or the controlling law, see, e.g., United States v. Chesapeake & Potomac Tel. 531, 536 (1984). With locations in Reston, VA, Philadelphia, PA, and Baltimore, MD, Comstock Environmental also offers regulatory compliance, site characterization and remediation, Ibid. A. In Virginia, several school districts canceled their school bus contracts with private operators and brought bus operations in-house. 6 Section 309(d) sets forth standards for a district court to apply in assessing civil penalties in government enforcement actions. 1365(a)(1).1 Section 505(b) generally bars a citizen from suing until 60 days after the citizen gives notice of the alleged violation to EPA, the relevant State, and the alleged violator, 33 U.S.C. 1991) (dictum). WebAbout us. SETH P. WAXMAN Solicitor General 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 MAY 1999 1 A "citizen" means "a person or persons having an interest which is or may be adversely affected." Whether a citizen suit under Section 505 of the Clean Water Act, 33 U.S.C. See also Carr v. Alta Verde Indus., Inc., 931 F.2d 1055, 1065 n.9 (5th Cir. See 33 U.S.C. $500,000 civil penalty addressing hazardous waste burning violations. Id. This Court ruled in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 484 U.S. 49 (1987), that Section 505 authorizes citizens to bring citizen suits to compel compliance with the Clean Water Act, but not to sue merely to punish past violations. See 33 U.S.C. WebLaidlaw was a great company and community. The district court assessed civil penalties and attorneys fees to "provide adequate deterrence under the circumstances of this case," ibid. 1365(d)). WebACE is the Mid-Atlantics premier builder of water infrastructure projects. 7a n.3. Lujan v. De-, Friends of Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000). Laidlaw's discharge of mercury into the North Tyger River repeatedly exceeded the limits set by the See Laidlaw II, 956 F. Supp. WebFriends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., 528 U.S. 167 (2000), was a United States Supreme Court case that addressed the law regarding standing to sue and 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. On-Call Environmental Services for Metropolitan Water District of Southern California. Pt. WebFind 6 listings related to Laidlaw Environmental Svc Inc in Newport News on YP.com. 1365(a). Laidlaw International, Inc. listed its common shares on the New York Stock Exchange (Ticker: LI), on February 10, 2004, and emerged from reorganization on June 23, 2003, as the successor to Laidlaw Inc. Canadian Pacific sold its remaining 17% interest in Laidlaw Inc. Proposed stipulated penalty of $61,500 for violations of specified operatingrequirements in their hazardous waste storage facility. Laidlaw (/ledl/), organized as Laidlaw International, Inc. (with corporate headquarters in Naperville, Illinois) was the largest provider of intercity bus services, contract public transit and paratransit, and contract school bus service in both the United States and Canada. Decided November 22, 1999. Laidlaw II, 956 F. Supp. 1363, 1384 (1973)). By the late 1980s, the only 3 remaining district school bus contracts were at Petersburg, Norfolk and Hopewell. III, 2, underpins both standing and mootness doctrine, but the two inquiries differ in crucial respects. Weve been identifying carbon-rich wastes to use in our Chem-Fuel program since 1975. To contact LAIDLAW WASTE SYSTEMS INC, call (903) 984-8621, or view more information below. 181-182). Laidlaw discharged the treated wastewater into the North Tyger River. 1365(c)(2). The potential for future violations gives rise to a disputed question of fact in this instance, since the company has retained its permit. No. 7 Congress drafted Section 309(d)'s standards for assessing civil penalties (see note 6, supra) with deterrence of violations specifically in mind. In this case, petitioners commenced suit to compel compliance from an entity that was in violation of its permit requirements at the time the suit was brought but that had discontinued its violations before the court entered judgment. Because the Fourth Circuit was persuaded that the case had become moot, it simply assumed that FOE had initial standing. Weve been identifying carbon-rich wastes to use in our Chem-Fuel program since 1975. v. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, No. at 314. Under the Clean Water Act, corporations such as Laidlaw Environmental Services received permits that limited them to certain amounts of discharges of dangerous substances. In 2012, ECOS was awarded with the Aspen Chamber of Commerce Business of the Year Award. Id. Laidlaw raised its "diligent prosecution" defense, and the district court heard seven days of testimony on the matter. 11046(a)(1), that a citizen plaintiff would lack constitutional standing to bring a citizen suit solely to assess civil penalties (payable to the government) for wholly past violations. May 22, 2018. May 21, 2018. WebLAIDLAW ENVIRONMENTAL SERVICES, INC., Defendant. 33 U.S.C. On June 12, 1992, petitioners brought suit against Laidlaw, seeking injunctive and declaratory relief and an award of civil penalties for Laidlaw's continuing violations of its NPDES permit. See Laidlaw II, 956 F. Supp. Gwaltney, 484 U.S. at 66 (quoting Concentrated Phosphate Export Ass'n, 393 U.S. at 203) (emphasis added by the Court in Gwaltney). WebLaidlaw Environmental Services | 17 followers on LinkedIn. 182-183). WebLaidlaw Environmental Services Environmental Services Division Is this Your Business? The court of appeals erred in this case by failing to take those principles into account.

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