Laidlaw II, 956 F. Supp. 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. 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 59. 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. CWA 309, 402(b)(7), 33 U.S.C. WebAfter Laidlaw Environmental Services, Inc. bought a wastewater treatment plant, it was granted a National Pollutant Discharge Elimination System (NPDES) permit. But the citizen, unlike the federal or state government, may not bring suit simply to assess civil penalties for "wholly past violations." Id. Signed a consent decree with the state to close and clean GSX toxic wastesite- five years later, the soil is still contaminated. 1990). at 601-610 (J.A. In Virginia, several school districts canceled their school bus contracts with private operators and brought bus operations in-house. Between 1987 and 1991, Laidlaw violated the mercury limitation contained in its NPDES permit 363 times. See 890 F. Supp. 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. In Romero-Barcelo, citizens demanded an injunction to abate government discharges of ordnance, which qualified as a pollutant under the Clean Water Act. Rather, "[t]he test for mootness in cases such as this is a stringent one." LAIDLAW Ibid. See Laidlaw II, 956 F. Supp. See also Carr v. Alta Verde Indus., Inc., 931 F.2d 1055, 1065 n.9 (5th Cir. 5 (1976)). at 289 n.10 (citations omitted). Id. See CWA 402(a)(2), 33 U.S.C. It argued that the case was now moot because it had corrected the problems from which it had stemmed. Headquarters. Became legally responsible for toxic emissions emanating from more than800 barrels and PCB-contaminated electrical equipment illegally buriedby the previous company, in Mercier. ", Named a potentially responsible party (prp) in at least 6 Superfund sites.And they are also listed in EPA court data as defendents at several otherSuperfund sites, according to EPA data. 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." Laidlaw also has operated landfills and hazardous waste incinerators among See 33 U.S.C. Laidlaw I, 890 F. Supp. 6 Section 309(d) sets forth standards for a district court to apply in assessing civil penalties in government enforcement actions. TES has developed and sustained partnerships with thousands of clients including petrochemical facilities, manufacturing facilities, shipyards, offshore facilities, chemical plants, hospitals, and 588, 593-594 (D.S.C. On-Call Environmental Services for Metropolitan Water District of Southern California. By authorizing citizens to seek civil penalties, Congress intended to provide citizens with an additional means of compelling compliance through the specific deterrent force of a monetary sanction. OCTOBER TERM, 1999 WebWe put it to work as energy to make cement. 1365. Laidlaw began to discharge various pollutants into the waterway; these discharges, particularly of mercury, an extremely toxic pollutant, repeatedly exceeded the limits set by the permit. 484 U.S. at 67 n.6 (quoting S. Rep. No. By the late 1980s, the only 3 remaining district school bus contracts were at Petersburg, Norfolk and Hopewell. COMPANY NEWS; LAIDLAW ENVIRONMENTAL ADJUSTS BID FOR But this case differs crucially from Steel Co. because petitioners brought suit to abate Laidlaw's ongoing environmental violations, Laidlaw was in a state of non-compliance when the suit was filed, Laidlaw failed to demonstrate that its voluntary cessation had left no reasonable prospect of future violations, and petitioners were therefore entitled to seek a remedy that would adequately ensure future compliance. After FOE initiated this suit, but before the District Court rendered judgment on January 22, 1997, Laidlaw violated the mercury discharge limitation in its permit 13 times and committed 13 monitoring and 10 reporting violations. 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 ACE | Water & Wastewater Treatment Facilities | Columbia MD See 33 U.S.C. In October 1991, Laidlaw Environmental Services, Inc. (LES LOKERN), noticed its intention to seek a conditional use permit and general plan amendment from Kern County to expand and modify its existing hazardous waste facility The District Court Proceedings Laidlaw operated a hazardous waste incineration facility in Roebuck, South Carolina. In 1996, Laidlaw sold its solid waste business to Allied Waste Industries. 1365, and this Court's jurisprudence respecting Article III's case-or-controversy requirement. Indeed, that is what the district court apparently concluded here. 1365(c)(2). 183). In 2019, ECOS is celebrating its 15th year anniversary due to our highly regarded customer service. LES LOKERN proposed to add a landfill and a container storage facility. The court then requested and received, through a brief amicus curiae, the views of the United States on that issue. 33 U.S.C. 1998); see also Natural Resources Defense Council, Inc. v. Texaco Refining & Marketing, Inc., 2 F.3d 493, 503 n.9 (3d Cir. Laidlaw Environmental Services Careers and Employment 158), with Steel Co., 523 U.S. at 88, and Gwaltney, 484 U.S. at 55. A. 2-3, supra. Alleged in two lawsuits, one by city officials and another by two environmentalgroups, to have discharged illegal levels of heavy metals into the citysewer system. 1365(b)(1)(A). On-Call Environmental Services for Metropolitan Water District of Southern California. 1990); Pawtuxet Cove Marina, Inc. v. Ciba-Geigy Corp., 807 F.2d 1089, 1094 (1st Cir. The potential for future violations gives rise to a disputed question of fact in this instance, since the company has retained its permit. Renewable Energy Semiconductor Manufacturing. On the date of acquisition there were approximately ninety roll-off containers which held odiferous bio-sludge material on site. See Laidlaw II, 956 F. Supp. See generally Robert L. Stern, et al., Supreme Court Practice 710-721 (7th ed. Vietor Format: Print | Pages: 22 Email Print Share Keywords Green Technology Industry Citation The court ultimately found that Laidlaw had violated the permit's mercury limitation 489 times, including nine times after petitioners filed their complaint. WebRincon Consultants, Inc. was founded in 1994 and has grown to be a leading environmental consulting firm throughout California. Laidlaw II, 956 F. Supp. 1 n.1. LAIDLAW ENVIRONMENTAL SERVICES Instances of reverse privatization were rare, but did occur during Laidlaw's years of expansion. The citizen "may seek civil penalties only in a suit brought to enjoin or otherwise abate an ongoing violation." 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). (J.A. NAVFAC Marianas Awards $1.9 Million to Guam-Based Small Cf. See Baker v. Carr, 369 U.S. 186, 204 (1962).8 D. The Court of Appeals' Judgment Should Be Vacated And The Case Remanded For Further Proceedings, Including Appropriate Proceedings Respecting Petitioners' Entitlement To Litigation Costs For the foregoing reasons, we submit that the court of appeals erred in concluding that the district court's determination not to award injunctive relief rendered this case moot. Laidlaw Environmental Services | LinkedIn The former Virginia Overland subsidiary operation in the Norfolk area acquired from Laidlaw operates as Transquest and is now owned by Serco. 201-500 employees. free to return to his old ways.'" {{meta.fullTitle}} - {{meta.siteName}} 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. Business Week said of these companies. 1365, must be dismissed as moot unless the district court orders injunctive relief. Id. 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. Formore on strategy and organizing see our Strategy Guide. . (J.A. 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. (TOC), Inc., 956 F.Supp. Laidlaw Environmental 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. FOE appealed as to the amount of the District Court's civil penalty judgment, but did not appeal the denial of declaratory or injunctive relief. The citizen may obtain enforcement through an injunction that compels compliance. at 106-107. 588, 600-01, 610 (D.S.C.1997). Environmental Background Information Center - movementech.org Whether a citizen plaintiff is barred from recovering litigation costs under Section 505(d) of the Clean Water Act if the citizen suit is dismissed as moot. The court of appeals concluded that the district court's refusal to provide injunctive relief had critical constitutional implications. Laidlaw was fined only $10,000 dueto the $9 million they had already spent cleaning up the site. 7a-9a. After examining affidavits and deposition testimony from members of the plaintiff organizations, the District Court denied the motion, finding that the plaintiffs had standing. They could stop operations whenever a case was filed and resume once it was dismissed. Laidlaw Environmental Services, Inc. ("Laidlaw") asks for clarification with respect to the environmental monitoring condition and with respect to the information to be required in its periodic updates of record of compliance filings. at 320. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. In May 1995, the parties filed cross-motions for summary judgment. at 600-601 (J.A. FRIENDS OF THE EARTH, INC., ET AL. The bid includes $15 in cash per share and $15 of Laidlaw stock, as well as assumption of $249 million in debt. Ibid. at 478 (J.A. Fined $214,000 for four hazardous waste violations: improper disposal ofinfectious waste, inadequate treatment of sewer sludge, insufficient testingof debris and soil, and excessive contamination of waste at its landfill.As one top agency official put it, "Laidlaw must be more diligent in itsoperations.". Laidlaw Environmental Services, Inc. ("LESI"), 220 Outlet Pointe Boulevard, Columbia, SC 29210; and BDT, Inc. ("BDT"), 4255 Research Parkway, Clarence, NY 14031, (collectively, the "Applicants") seek modification of existing Hazardous Waste Facility and Air Permits; and Certificates to Operate; and approval by the Department of Environmental If the United States has not filed its own action, it may intervene in the citizen action. at 611 (J.A. In 1986, the State of South Carolina, which administers a federally approved NPDES permit program through the State's Department of Health and Environmental Control (DHEC), issued a NPDES permit for Laidlaw's wastewater treatment plant. Laidlaw began to discharge various pollutants into the waterway. Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc. In 1983, BFI pleadedno contest to charges of price-fixing and conspiracy in Atlanta from 1974to 1979. Ibid. 956 F. Supp. See also Maher v. Gagne, 448 U.S. 122, 129 (1980) ("for purposes of the award of counsel fees [under 42 U.S.C. Art. The district court did not find that there was no reasonable prospect of future violations; it therefore could assess civil penalties, as an alternative to an injunction, to deter future violations and redress the injuries that prompted petitioners' suit. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for The court also found that Laidlaw had committed 420 monitoring violations, including 13 post-complaint violations, and that Laidlaw had committed 503 reporting violations, including ten post-complaint violations. Cadence developed the use of Chem-Fuel using industrial wastes to replace the use of non-renewable resources as fuels for use in cement kilns. at 611 (J.A. 147, 193-195). The Court has explained that voluntary cessation "is an important factor bearing on the question whether a court should exercise its power to enjoin the defendant from renewing the practice, but that is a matter relating to the exercise rather than the existence of judicial power." In 1991, after losing its major school bus contract in Norfolk, Virginia to a governmental conversion to district-self-operation, Laidlaw sold the rest of its urban-suburban bus line, school bus contracting business serving independent schools and day camps, and related assets in the Norfolk area to Virginia Overland Transportation. The court's ruling rests on a mistaken understanding of the Clean Water Act's citizen-enforcement provisions, CWA 505, 33 U.S.C. Under this Court's normal practice, the case should be remanded for resolution of the remaining issues that the court of appeals did not reach. See Tull, 481 U.S. at 422 n.8. 33 U.S.C. Fined $22,500 for hazardous waste burning violations discovered duringa 1990 inspection. Section 309(d) makes express reference to setting penalties in light of the "the economic benefit (if any) resulting from the violation." WebRincon Consultants, Inc. was founded in 1994 and has grown to be a leading environmental consulting firm throughout California. Syllabus 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). We note that Laidlaw's decision to close the facility after receiving a penalty assessment designed to deter future violations would not provide a basis for setting aside the civil penalty assessment as moot. 1365(d). at 5a. Grant Co., 345 U.S. 629, 632 (1953). May 22, 2018. Compare Laidlaw II, 956 F. Supp. See Hewitt, 482 U.S. at 761 ("The real value of the judicial pronouncement-what makes it a proper judicial resolution of a 'cause or controversy' rather than an advisory opinion-is in the settling of some dispute which affects the behavior of the defendant towards the plaintiff."). 470 (D.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. 1995). 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 United States is also a potential defendant in citizen enforcement actions against federal facilities. 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). If it did, courts would be compelled to leave the defendant free to return to its old ways. at 595, 619-621 (J.A. Naval Facilities Engineering Command (NAVFAC) Marianas awarded a contract with a maximum amount of $25 million to Guam small business Landscape Management Systems, Inc. for environmental services at The present case, in which the United States participated as amicus curiae before the district court and the court of appeals, concerns the ability of citizen plaintiffs to recover civil penalties for violations of the Act and the costs of litigation for successful enforcement actions. Penalized $1.825 million, the state's largest penalty ever, for repeatedviolations including improper disposal of infectious waste and wastewatersludge (36 total). They have operated tour bus companies (they own Greyhound), ambulance services, para-trasit companies and other types of transportation services. Congress accordingly enacted Section 505 of the Clean Water Act, which empowers citizens who are adversely affected by permit violations to bring civil enforcement actions to compel compliance. Environmental Allied Waste SystemsAllied's Chief Executive Officer, Roger Ramsey, was the Vice Presidentand Chief Financial Officer for BFI from 1968 to 1976. Periodical U.S. Reports: Friends of the Earth, Inc., v. Laidlaw Environmental Services WebLaidlaw International Inc is a gargantuan publicly traded company based in Canada. . Fined $1 million for violations including illegal handling and disposalof hazardous wastes at its commercial hazardous waste fuel blending facilityin Crowley. See CWA 505(a), 33 U.S.C. Laidlaw Environmental Services 1342(a)(1); 40 C.F.R. 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. LAIDLAW ENVIRONMENTAL SERVICES INC 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. Instead, petitioners had the same Article III interest as one who seeks an injunction or declaratory judgment to curtail "a continuing violation or the imminence of a future violation." BURY PLUS PARTNERS-INC., Chantilly, Virginia, VA 20151-1128 The amendment, which prohibits a court from awarding fees to a losing party, does not appear to restrict the court's power to award fees to a citizen who can show that the suit prompted the defendant to come into compliance. Practically speaking, however, repeatedly opening and closing the same facility might not be a logical, cost-effective business choice. 1. Tanning, 993 F.2d 1017, 1021 (2d Cir. See Friends of the Earth, Inc. v. Laidlaw Envtl. View all trademarks for Laidlaw Environmental Services, Inc. Laidlaw Environmental Services (Bdt), Inc. This Court has recognized that the foregoing principles governing mootness are directly applicable to Clean Water Act citizen suits. Cal. If this case were truly like Steel Co., and petitioners had brought suit simply to seek imposition of civil penalties for past violations, then they would lack standing, because punishing pre-complaint conduct, discontinued before the suit began, would not redress any cognizable injury to petitioners that could provide the basis for the suit. Grant Co., 345 U.S. at 633 ("The purpose of an injunction is to prevent future violations."). 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. Because Article III's case-or-controversy requirement subsists "through all stages of federal judicial proceedings," Lewis v. Continental Bank Corp., 494 U.S. 472, 477 (1990), the plaintiff must be prepared to establish the requisites of injury in fact, causation, and redressability at each juncture where they may be called into question. Environmental Secure .gov websites use HTTPS Art. Ibid. On Sunday, Safety-Kleen's board approved a revised merger offer after Laidlaw increased the cash component to $18.30 a share from $18. Laidlaw used these In 2019, ECOS is celebrating its 15th year anniversary due to our highly regarded customer service. United States Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 24-25 (1994) ("The judgment is not unreviewable, but simply unreviewed by [the losing party's] own choice."). 1997); Natural Resources Defense Council v. Texaco Refining & Marketing, Inc., 2 F.3d 493, 502 (3d Cir. 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. 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. 1365(d)). But if the court of appeals nevertheless believed that Laidlaw's "voluntary" compliance, by itself, may have eliminated any reasonable prospect of future violations, then the court of appeals should have remanded the case to the district court for an express finding on that matter. These addresses are known to be associated with Laidlaw Environmental Services, Inc. however they may be inactive or mailing addresses only. It was the parent company of Laidlaw Transit (which was merged into First Transit), Laidlaw Education Services (merged into First Student), Greyhound Lines and Greyhound Lines of Canada, and a number of Gray Line Sightseeing franchises in major North American cities. Laidlaw Environmental Services - Interim Decision, December 21, 1993 Interim Decision, December 21, 1993 STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION Office of Hearings 50 Wolf Road Albany, New York 12233-1550 In the Matter of the Application of Laidlaw Environmental Services, Inc. and Laidlaw Environmental Services is a renewables & environment company based out of 4101 Washington Ave, Newport News, Virginia, United States. 149). WebLAIDLAW ENVIRONMENTAL SERVICES, INC., Defendant. 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. WebFriends of Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000) Argued: October 12, 1999 Decided: January 12, 2000 Annotation Primary Holding 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. Friends of the Earth, Inc. brought an action against Laidlaw on the grounds that one of its plants was discharging more mercury than its permit allowed. 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. If Laidlaw had failed to meet its "heavy" burden of showing that "there is no reasonable expectation that the wrong will be repeated," Gwaltney, 484 U.S. at 66, then the citizen suit was not moot, and the district court could impose relief to ensure future compliance. Radiological dose assessment of Department of Energy Pinellas 7 Civil penalties are an effective "forward-looking" remedy because a coercive monetary sanction allows the court to compel compliance through a mechanism that directly removes the economic incentives that could induce a defendant "to return to his old ways." The citizen plaintiffs in Steel Co. brought a citizen suit against an industrial facility that had violated EPCRA's requirements but came into compliance before the citizens filed their complaint. CWA 101(a), 33 U.S.C. Get free summaries of new US Supreme Court opinions delivered to your inbox! 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." WebIT Services and IT Consulting. Office of the Solicitor General Laidlaw Environmental provides industrial waste management services. Grant Co., 345 U.S. at 632). The district court did not treat petitioners' claims against Laidlaw as moot. 7a. Id. Beginning in 1972, under the leadership of Michael DeGroote, Laidlaw, Inc. began growing through acquisitions of other companies when it acquired a Canadian intercity and charter bus company. Safety-Kleen provides cleaning services for parts and tools and is a processor of used lubricating oil. Compare pay Cf. 1988], parties may be considered to have prevailed when they vindicate rights through a consent judgment or without formally obtaining relief") (quoting S. Rep. No. 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. Friends of the Earth, Inc. v. Laidlaw Environmental Tull v. United States, 481 U.S. 412, 422-423 (1987). 1319(c)-(g). Id. 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. After incurring heavy losses through its investments in Safety-Kleen and Greyhound Lines. 33 U.S.C. See 523 U.S. at 106. Laidlaw undertook those steps to interpose a bar to the citizen suit under Section 505(b)'s "diligent prosecution" provision, 33 U.S.C. As this Court indicated in Romero-Barcelo, the court was entitled to employ civil penalties, rather than an injunction, to deter future violations and ensure continued compliance. The court of appeals overlooked that petitioners brought this citizen suit to compel Laidlaw to cease permit violations that, at the time the suit was filed, were allegedly causing petitioners injury in fact. Our offices are strategically located in the Gulf Coast. The court of appeals specifically "focus[ed] on the continued existence of the third element, redressability." Inc. v. Laidlaw Environmental Services (TOC), Inc A district court can properly conclude that the prospect of recurrence is not so small as to moot a case, but is sufficiently unlikely to warrant denial of injunctive relief. Pet. 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. Laidlaw I, 890 F. Supp. Working at Laidlaw Environmental Services: 9 Reviews WebLaidlaw played a major role in helping BFI launch their hostile takeoverof Attwoods in 1994. 41. The court of appeals reversed and directed the district court to dismiss the citizen action. WebTES has successfully provided environmental, safety, and industrial hygiene solutions to our clients since 1984.
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