Friends of the Earth, Inc. v.

Laidlaw Environmental Services

Case Overview

CITATION

528 U.S. 167

ARGUED ON

Oct. 12, 1999

DECIDED ON

DECIDED BY

Jan. 12, 2000

Legal Issues

Does Laidlaw Environmental Services’ voluntary cessation of their wrongful conduct render plaintiffs’ complaint moot?

Holding

No, the plaintiffs’ complaint is not moot because it was not absolutely clear that the wrongful conduct couldn’t reasonably be expected to recur.

Tyger River in South Carolina | Credit: Shelley Robbins

Background

Several environmental organizations, including Friends of the Earth, Inc., brought a citizen suit against Laidlaw Environmental Services under the Clean Water Act. Laidlaw operated a hazardous waste incinerator facility in Roebuck, South Carolina, and held a permit that limited its discharge of pollutants, including mercury, into the North Tyger River. Between 1987 and 1995, the facility repeatedly exceeded these discharge limits, so the plaintiffs sought declaratory and injunctive relief, as well as civil penalties.

The plaintiffs’ claim for standing rested on affidavits from local residents who stated they’d stopped using the North Tyger River for fishing, swimming, and other activities because of their concerns about the pollution. Laidlaw countered that the plaintiffs lacked standing because they hadn’t demonstrated any actual harm to the environment itself, only to their own subjective concerns.

Before the case was resolved, Laidlaw achieved substantial compliance with its permit and eventually shut down the Roebuck facility entirely. The company then argued that the case had become moot since the allegedly wrongful behavior had ceased. The District Court initially imposed a civil penalty, but the Fourth Circuit Court of Appeals vacated the decision, ruling that the case became moot once Laidlaw came into compliance.

7 - 2 decision for Friends of the Earth

Friends of the Earth

Laidlaw

Stevens

Rehnquist

Kennedy

O’Connor

Souter

Alito

Breyer

Thomas

Ginsburg

Cite this page