See Gwaltney, 484 U.S. at 66-67 (quoting Concentrated Phosphate Export Ass'n, W.T. 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 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. We believe that the district court's actions demonstrate its understanding that petitioners' citizen suit continued to present a live controversy under the standards set out in Gwaltney. B. 7 Congress drafted Section 309(d)'s standards for assessing civil penalties (see note 6, supra) with deterrence of violations specifically in mind. In 2012, ECOS was awarded with the Aspen Chamber of Commerce Business of the Year Award. Grant Co., 345 U.S. at 636). 8a-9a. 33 U.S.C. Argued October 12, 1999-Decided January 12,2000. Self-operation conversions for all three were urged by Virginia Department of Education officials as "cost-saving." United States District Court, D. Massachusetts. Section 505(b) also bars a citizen from suing if EPA or the State has already commenced and is "dili- gently prosecuting" an enforcement action. In Romero-Barcelo, citizens demanded an injunction to abate government discharges of ordnance, which qualified as a pollutant under the Clean Water Act. WebLaidlaw Environmental Services, Inc. (U.S. Supreme Court) Ability of individuals bringing citizen-suits to seek civil penalties. WebLaidlaw played a major role in helping BFI launch their hostile takeoverof Attwoods in 1994. 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." Gwaltney, 484 U.S. at 66 (quoting Concentrated Phosphate Export Ass'n, 393 U.S. at 203) (emphasis added by the Court in Gwaltney). Many 2 The citizen may intervene in the government enforcement action. In 1984, Laidlaw Inc. exited the trucking business, as the company began a consolidating smaller school bus contracting companies in the U.S. and Canada. Id. 81 Before the Subcomm. at 600-601 (J.A. 2. 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. Weve been identifying carbon-rich wastes to use in our Chem-Fuel program since 1975. B. See Laidlaw I, 890 F. 2d at 478-479 (J.A. Section 505 provides for citizen enforcement of the Act. Virginia Overland Transportation was an operator of public service transportation and a much smaller industry consolidator in the state. at 109. See Comfort Lake Ass'n v. Dresel Contracting, Inc., 138 F.3d 351, 356 (8th Cir. v. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, No. Pet. See 890 F. Supp. WebWe put it to work as energy to make cement. WebLAIDLAW WASTE SYSTEMS INC is located at and is classified as a Transporter by the Environmental Protection Agency. WebLAIDLAW ENVIRONMENTAL SERVICES INC is listed in the categories Environmental Contractors, Environmental Conservation & Ecological Services, Air And Water Resource 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. at 596-597 (J.A. Data inaccuracies may exist. 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. That relief "can include, but is not limited to, an order of immediate cessation." at 9a n.5 (quoting CWA 505(d), 33 U.S.C. at 610-611 (J.A. City of Mesquite, 455 U.S. at 289 n.10 (quoting Concentrated Phosphate Export Ass'n, 393 U.S. at 203, and W.T. The court of appeals reversed and directed the district court to dismiss the citizen action. LAIDLAW WASTE SYSTEMS INC has the Handler ID: #TXD000454710. 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. For example, the Court stated in Hewitt, supra, a case arising under 42 U.S.C. The Court has indicated that those mootness principles apply to Clean Water Act citizen suits. The district court evaluated the Clean Water Act's criteria for imposing civil penalties (CWA 309(d), 33 U.S.C. 92-93). These discharges, particularly of mercury, repeatedly exceeded the limits set by a discharge at 611 (J.A. Weblaidlaw environmental services, inc. 1301 grevais street, suite 300 columbia, sc 29201 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. at 111, does not repudiate the reasoning in Hewitt and Maher. (J.A. If the Court agrees, then there will be no occasion to reach the question whether citizens may recover litigation costs if the citizen action becomes moot as a consequence of the defendant's cessation of its unlawful conduct. We are committed to building our people through career development, constructing quality projects, See Atlantic States Legal Found., Inc. v. Pan Am. 1365, and this Court's jurisprudence respecting Article III's case-or-controversy requirement. Create a free account to access additional details for Laidlaw Environmental Services, Inc. and other profiles that you visit. (202) 514-2203. But the citizen, unlike the federal or state government, may not bring suit simply to assess civil penalties for "wholly past violations." Art. 9a. Receive an email notification when changes occur for Laidlaw Environmental Services, Inc.. No warranties, expressed or implied, are provided for the business data on this site, its use, or its interpretation. 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. Ibid. The Respondent was acquired by Laidlaw Environmental Services, Inc. on December 23, 1992. III, is enforced through the concept of standing, which requires plaintiffs to demonstrate that they have suffered an injury in fact, caused by the defendant's action, that can be redressed through a favorable decision. In issuing its judgment, the. WebIT Services and IT Consulting. 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 potential for future violations gives rise to a disputed question of fact in this instance, since the company has retained its permit. 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. 158, 185-193). CONCLUSION The judgment of the court of appeals should be vacated and the case remanded for further proceedings. The court's ruling rests on a mistaken understanding of the Clean Water Act's citizen-enforcement provisions, CWA 505, 33 U.S.C. 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. The district court did not treat petitioners' claims against Laidlaw as moot. Fined $22,500 for hazardous waste burning violations discovered duringa 1990 inspection. Congress has since revised Section 505(d) to allow an award of litigation costs "to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate." Services; Innovations. at 760-761. After almost 20 years of expansion, Laidlaw Inc. filed for protection under Chapter 11 of the U.S. Bankruptcy Code in June 2001. The cash portion will be reduced by breakup fees or new severance agreements with Safety-Kleen executives, Laidlaw has said. WebEnvironmental Consulting Services 541910 Marketing Research and Public Opinion Polling 541990 All Other Professional, Scientific, and Technical Services 551114 Corporate, Albemarle Paper Co. v. Moody, 422 U.S. 405, 417 (1975) ("If [violators] faced only the prospect of an injunctive order, they would have little incentive to shun practices of dubious legality."). The court declined to issue an injunction but assessed civil penalties and indicated that it would award petitioners their costs of litigation in accordance with Section 505(d) of the Act. Laidlaw II, 956 F. Supp. Signed a consent decree with the state to close and clean GSX toxic wastesite- five years later, the soil is still contaminated. Id. 523 U.S. at 108. 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. Pet. App. Share sensitive information only on official, secure websites. Web394 Virginia Environmental Law Journal [Vol. 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. WebFind out what works well at Laidlaw Environmental Services from the people who know best. 7a n.3. 1365(d)). The court of appeals concluded that the district court's refusal to provide injunctive relief had critical constitutional implications. Laidlaw sold the Canadian operations to USA Waste Services, Inc. Laidlaw American branch's where re-branded to many different names, depending on the location of were they were. Renewable Energy Semiconductor Manufacturing. 1993); Atlantic States Legal Found., Inc. v. Tyson Foods, Inc., 897 F.2d 1128, 1135-1136 (11th Cir. Cf. Laidlaw was fined only $10,000 dueto the $9 million they had already spent cleaning up the site. In 1988, Laidlaw, Inc. purchased a controlling interest in itself from Canadian Pacific Limited, parent of Canadian Pacific Railway. In 1969 DeGroote began to expand beyond trucking by acquiring a solid waste management company. WebAfter Laidlaw Environmental Services, Inc. bought a wastewater treatment plant, it was granted a National Pollutant Discharge Elimination System (NPDES) permit. 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. In 1983, BFI pleadedno contest to charges of price-fixing and conspiracy in Atlanta from 1974to 1979. Laidlaw began to discharge various pollutants into the waterway. Pet. 2-3, supra. The company later sold American Medical Response and EmCare, its EMS contract operations, to new owners. 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. Br. CWA 101(a), 33 U.S.C. On the date of acquisition there were approximately ninety roll-off containers which held odiferous bio-sludge material on site. $500,000 civil penalty addressing hazardous waste burning violations. The court rejected Laidlaw's diligent prosecution defense after an extensive analysis of the substance of the settlement and the circumstances by which it was reached. In 2019, ECOS is celebrating its 15th year anniversary due to our highly regarded customer service. Tull v. United States, 481 U.S. 412, 422-423 (1987). (J.A. Because the Fourth Circuit was persuaded that the case had become moot, it simply assumed that FOE had initial standing. Vietor Format: Print | Pages: 22 Email Print Share Keywords Green Technology Industry Citation The Court expressed no doubt that the federal or state governments could bring suit to punish past violations, but a private citizen could not sue to impose civil penalties unless that relief "would likely remedy its alleged injury in fact." Official websites use .gov Became legally responsible for toxic emissions emanating from more than800 barrels and PCB-contaminated electrical equipment illegally buriedby the previous company, in Mercier. Accord W.T. CWA 309, 402(b)(7), 33 U.S.C. 123.1 et seq. In the Supreme Court of the United States No. at 7a.3 The court of appeals noted that the district court had denied injunctive relief and, instead, assessed civil penalties, which are payable to the United States Treasury. STATEMENT Section 505 of the Clean Water Act, 33 U.S.C. Laidlaw began in 1924 when founder Robert Laidlaw created Laidlaw Transit, a trucking service company in Hagersville, Ontario. 201-500 employees. 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. . 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. Among other things, the Act prohibits a facility from discharging pollutants into navigable waters unless the facility obtains a NPDES permit, which, among other things, establishes limits on the amounts of certain pollutants that may be discharged. Laidlaw discharged the treated wastewater into the North Tyger River. 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. Read More Syllabus 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. Allied Waste Industry, Inc.'s Fort Mill transfer station was issueda consent order in response to charges of leakage and operational problemsthat affected the environment. 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." If it did, courts would be compelled to leave the defendant free to return to its old ways. Weve been identifying carbon-rich wastes to use in our Chem-Fuel program since 1975. In 1983, Laidlaw entered the U.S. school bus transportation sector with its acquisition of ARA Transportation, a major contract school bus provider which also owned a Wayne Corporation bus dealership. 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. CWA 505(g), 33 U.S.C. All Trademarks and Copyrights are owned by their respective companies and/or entities. App. WebAccording to the EPA's California Toxics Release Inventory Fact Sheet from June 2004, Clean Harbors Buttonwillow (formally Laidlaw Environmental Services Inc. and Safety-Kleen Corporation) is listed as the second top facility for total on- and off-site releases of all chemicals in California, contributing 2.6 million pounds. 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." 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. DREC acceded to Laidlaw's request to file a lawsuit against the company. WebAbout us. Nevertheless, the Court has treated the doctrines of standing and mootness as separate jurisdictional concepts and subjected them to different standards because of the distinct role that each plays, as a practical matter, in the conduct of litigation. 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. App. Congress drew that factor, as well as others, from EPA's pre-existing civil penalty policy. See Laidlaw II, 956 F. Supp. 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. 7a-9a. The court of appeals also stated that petitioners are not entitled to recover their costs of litigation because they are not "prevailing or substantially prevailing part[ies]" within the meaning of Section 505(d). 33 U.S.C. Gwaltney, 484 U.S. at 59. 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. Congress empowered the government to seek civil penalties to punish wrongful conduct as well as to deter future violations, both of which are proper government objectives. It argued that the case was now moot because it had corrected the problems from which it had stemmed. Indeed, that is what the district court apparently concluded here. Headquarters. The district court assessed civil penalties and attorneys fees to "provide adequate deterrence under the circumstances of this case," ibid. See Gwaltney, 484 U.S. at 66-67. Pet. 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. In 1997, In 2019, ECOS is celebrating its 15th year anniversary due to our highly regarded customer service. The court of appeals based its determination of mootness on the fact that the district court did not provide injunctive relief. Our offices are strategically located in the Gulf Coast. at 611 (J.A. The civil penalty remedy is also a useful alternative to an injunction because, if the court concludes that an assessment of civil penalties will effectively deter future violations, then the court will not need to engage in the potentially cumbersome role of supervising the defendant's future compliance through an ongoing injunction. In 2012, ECOS was awarded with the Aspen Chamber of Commerce Business of the Year Award. at 318. 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. Meanwhile you can send your letters to POST OFFICE BOX 11393, COLUMBIA, SC, 29211. 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 . WebFind company research, competitor information, contact details & financial data for Laidlaw, Inc. of Little Rock, AR. 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. ACTION CLEANUP ENVIRONMENTAL SERVICES INC Environmental Services 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. But because this Court concludes that the Court of Appeals erred as to mootness, this Court has an obligation to assure itself that FOE had Article III standing at the outset of the litigation. 81 (1971)). . 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). A. See Hewitt, 482 U.S. at 761 ("In all civil litigation, the judicial decree is not the end but the means."). The company had also lost their contract in Petersburg to self-operation in 1989, but was still operating at Hopewell. United States v. Oregon State Med. April 12, 1999. on Investigations and Oversight of the House Comm. 1251(a). 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. WebLaidlaw Environmental Services, Inc. filed as a Domestic Business Corporation in the State of New York on Wednesday, May 7, 1980 and is approximately forty-three years old, as Attorney (s) appearing for the Case / ADMINISTRATIVE AND SUPPORT AND WASTE MANAGEMENT AND REMEDIATION SERVICES / ADMINISTRATIVE AND SUPPORT SERVICES / SERVICES TO BUILDINGS AND 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 1993). See also Maher v. Gagne, 448 U.S. 122, 129 (1980) ("for purposes of the award of counsel fees [under 42 U.S.C. West Santa Ana Branch Transit Corridor. 1990); Pawtuxet Cove Marina, Inc. v. Ciba-Geigy Corp., 807 F.2d 1089, 1094 (1st Cir. May 21, 2018. in Opp. Proposed stipulated penalty of $61,500 for violations of specified operatingrequirements in their hazardous waste storage facility. Laidlaw moved for summary judgment on the ground that FOE lacked Article III standing to bring the lawsuit. Ibid. No. WebRincon Consultants, Inc. was founded in 1994 and has grown to be a leading environmental consulting firm throughout California. If there were no such exception to the mootness doctrine, a defendant could thwart the efforts of other parties or the government to enforce the law indefinitely. See Romero-Barcelo, 456 U.S. at 314.6 The court of appeals concluded that the district court's award of civil penalties, without an injunction, dictated that the case was moot, because civil penalties -which are payable to the Treasury-"would not redress any injury [petitioners] have suffered." 15-19, supra. Ibid. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC., a subsidiary of Laidlaw Environmental Services, Inc., Appellant, v. AETNA CASUALTY & SURETY COMPANY OF ILLINOIS, Respondent. WebLAIDLAW ENVIRONMENTAL SERVICES, INC., Defendant. The LAIDLAW ENVIRONMENTAL SERVICES, INC. principal address is 1301 GERVAIS STREET, SUITE 300, COLUMBIA, SC, 29201. 8a-9a. 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. [5] In 1993, Laidlaw acquired San Diego based MedTrans, a high quality industry leader which began as Harrison Ambulance in San Diego, operating emergency medical services operating in California, Washington, Nevada and Texas, and continued to grow it through 138 acquisitions across the country, reaching over $1B in revenue. The court of appeals specifically "focus[ed] on the continued existence of the third element, redressability." It would deny that flexibility and exalt form over substance to require the district court to add a pro forma injunction order in order to avoid mootness. See also Carr v. Alta Verde Indus., Inc., 931 F.2d 1055, 1065 n.9 (5th Cir. Get the inside scoop on jobs, salaries, top office locations, and CEO insights. 1998); Atlantic States Legal Found., Inc. v. Tyson Foods, Inc., 897 F.2d 1128, 1137 (11th Cir. See pp. For other uses, see, "Laidlaw International Announces Agreement to Be Acquired by FirstGroup", Chicago Business News, Analysis & Articles | British bus firm to acquire Laidlaw | Crain's, "Allied Agrees to Purchase Laidlaw's Waste Operation", https://en.wikipedia.org/w/index.php?title=Laidlaw&oldid=1150694941, Transportation companies of the United States, Transportation companies based in Illinois, Waste management companies of the United States, Short description is different from Wikidata, All Wikipedia articles written in American English, Creative Commons Attribution-ShareAlike License 3.0, Solid Waste, Recycling, School bus, transit, and charter services. West Santa Ana Branch Transit Corridor. May 22, 2018. 3078. See, e.g., W.T. 1998); see also Natural Resources Defense Council, Inc. v. Texaco Refining & Marketing, Inc., 2 F.3d 493, 503 n.9 (3d Cir. See Friends of the Earth, Inc. v. Laidlaw Envtl. Newport News, Virginia. See who you know. See CWA 402(a)(2), 33 U.S.C. at 611 (J.A. On June 12, 1992, FOE filed this citizen suit against Laidlaw, alleging noncompliance with the NPDES permit and seeking declaratory and injunctive relief and an award of civil penalties. 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. WebRincon Consultants, Inc. was founded in 1994 and has grown to be a leading environmental consulting firm throughout California. Under the Clean Water Act, corporations such as Laidlaw Environmental Services received permits that limited them to certain amounts of discharges of dangerous substances. 1342(a)(1); 40 C.F.R. 1319(c)-(g). 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. Ibid. See Gwaltney, 484 U.S. at 65-66; id. Syllabus Section 402(a) provides that the Environmental Protection Agency (EPA) shall issue NPDES permits authorizing effluent discharges in strict compliance with conditions specified in the permit. at 102-110. 1365(b). 33 U.S.C. Id. 1997) (Laidlaw II) (J.A. The court of appeals' exclusive focus on what relief the citizen received departs from the methodology that courts normally apply in analyzing mootness. E.g., County of Los Angeles, 440 U.S. at 631. at 600, 613-619 (J.A. We begin by explaining the content and objectives of the citizen-enforcement provisions. Arizonans for Official English, 520 U.S. at 68 n.22 (quoting United States Parole Comm'n v. Geraghty, 445 U.S. 388, 397 (1980), and Henry P. Monaghan, Constitutional Adjudication: The Who and When, 82 Yale L. J. WebWe put it to work as energy to make cement. The companies and people profiled on Corporation Wiki are displayed for research purposes only and do not imply an endorsement from or for the profiled companies and people. In Virginia, several school districts canceled their school bus contracts with private operators and brought bus operations in-house. at 595, 619-621 (J.A. In acquiring Laidlaw, FirstGroup announced that the Laidlaw name would not be kept, but that the Greyhound name would be maintained. 158); see also id. 1995) (Laidlaw I) (J.A. 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. 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. 1251 et seq. The court stated that "these elements must continue to exist at every stage of review" or else "the action becomes moot." 41. In this case, unlike Gwaltney and Steel Co., it is clear that, even after the citizen plaintiffs filed suit, the defendant continued to violate environmental requirements. The contracting companies unsuccessfully disputed the state's financial calculations and cost allocations for the reverse privatizations, which effectively ended all public school bus contracting in Virginia by 1996. In particular, the permit, at that time, limited Laidlaw to a daily average maximum discharge of 1.3 parts per billion (ppb) of mercury. Pt. Grant Co., 345 U.S. at 633 (the defendant bears the "heavy" burden of demonstrating that "there is no reasonable expectation that the wrong will be repeated"). See CWA 505(a), 33 U.S.C. 98-10463-MEL. 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. An official website of the United States government. 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. 183). Formore on strategy and organizing see our Strategy Guide. at 5a. In addition, the court may award costs of litiga- 1365(d). 470, 475 (D.S.C. 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.
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