Deterrence Effect of Civil Penalties, Potential Loss of Recreational and Economic Use by Plaintiff Organization's Members, and Absence of a Clear Indication of Eliminating Future Violations Will Meet Article III Mootness and Standing Requirements for Clean Water Act ("CWA") Citizen Suits: Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.

Authors

Nicholas J. DeIuliis

Abstract

The Supreme Court of the United States ruled that citizen suits brought under the CWA are moot due to subsequent compliance with permit limits or subsequent facility closure only if it is absolutely clear that the permit violations cannot reasonably be expected to recur, that organizations have standing to seek civil penalties under the CWA if the penalties deter ongoing permit violations that could continue in the future and create the likelihood of redressing the organization members' injuries, and that plaintiff's failure to appeal a federal court's denial of injunctive relief does not moot a civil penalties claim on appeal.

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 120 S. Ct. 693 (2000).

First Page

267

Recommended Citation

Nicholas J. DeIuliis, Deterrence Effect of Civil Penalties, Potential Loss of Recreational and Economic Use by Plaintiff Organization's Members, and Absence of a Clear Indication of Eliminating Future Violations Will Meet Article III Mootness and Standing Requirements for Clean Water Act ("CWA") Citizen Suits: Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 39 Duq. L. Rev. 267 (2000).
Available at: https://dsc.duq.edu/dlr/vol39/iss1/9