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Standing

United States v. Metropolitan St. Louis Sewer Dist.

The Eighth Circuit affirmed a lower court decision denying a business trade association's motion to intervene in a CWA enforcement action filed against a local sewer district by Missouri and the United States. The complaint alleges that...

Environmental Citizen Suits at Thirtysomething: A Celebration and Summit

Preface

In 1970, the U.S. Congress gave citizens the remarkable authority to file federal lawsuits as "private attorneys general" to enforce the Clean Air Act (CAA).1 Congress intended citizen...

Laidlaw (Even Industry Gets the Blues)

adapted from Layla (by Eric Clapton and Jim Gordon)

What do we do when we get sued now

If the Supremes aren't on our side?

If we can't rely on standing constraints

Do they expect us to comply?

Environmental Litigation After Laidlaw

As law students frequently discover during exams, the law of standing is easy to state but hard to apply. The basic rules are simple and well-settled. Under Article III of the U.S. Constitution, in order to invoke federal jurisdiction,...

Standing in Environmental Citizen Suits: Laidlaw's Clarification of the Injury-in-Fact and Redressability Requirements

In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., and provided important clarifications about the law of standing...

Standing and Mootness After Laidlaw

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc. may prove to be the most important environmental decision since Chevron, U.S.A., Inc. v. Natural Resources Defense Council. Laidlaw's...

Friends of the Earth v. Gaston Copper Recycling Corp.

The court reverses a district court decision that environmental groups failed to demonstrate injury-in-fact and, therefore, do not have standing to bring a citizen suit under the Clean Water Act against a nonferrous metal smelting...

Friends of the Earth v. Gaston Copper Recycling Corp.

The court holds that environmental groups lacked standing to pursue Federal Water Pollution Control Act (FWPCA) claims against a smelting facility that allegedly violated its national pollutant discharge elimination system (NPDES)...

San Francisco Baykeeper v. Vallejo Sanitation & Flood Control Dist.

The court holds that an environmental group has standing to seek civil penalties from a sanitation and flood control district for present and future violations of its Federal Water Pollution Control Act (FWPCA) national pollutant...

Informed Citizens United, Inc. v. USX Corp.

The court grants summary judgment to a company that allegedly violated its Federal Water Pollution Control Act (FWPCA) §404 permit by filling wetlands in contradiction of its mitigation plan. The U.S. Army Corps of Engineers authorized...