Duquesne Law Review


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).

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