181-182). Cadence Environmental Energy CWA 309, 402(b)(7), 33 U.S.C. This Court indicated in Gwaltney that citizens would be entitled to recover litigation costs for suits that "result in successful abatement but do not reach a verdict." 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." Pet. 1365(a)(1)), allows the citizen to commence suit in response to "a state of either continuous or intermittent violation-that is, a reasonable likelihood that a past polluter will continue to pollute in the future." The court's ruling rests on a mistaken understanding of the Clean Water Act's citizen-enforcement provisions, CWA 505, 33 U.S.C. 183). 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. 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. App. 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. Id. 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."). As of 2007, Transquest was continuing bus contract operations transporting students to many independent schools in South Hampton Roads, including Norfolk Academy. See, e.g., Allen v. Wright, 468 U.S. 737, 750 (1984). Work is often performed at active facilities in densely populated, urban areas. Ibid. It argued that the case was now moot because it had corrected the problems from which it had stemmed. Weve been identifying carbon-rich wastes to use in our Chem-Fuel program since 1975. Laidlaw Environmental Services Inc. increased the cash portion of its hostile offer for the Safety-Kleen Corporation to $18 a share, but the overall value of the offer remains $30 a share. Co., 516 U.S. 415, 416 (1996) (per curiam) (vacating decision for determination of mootness); see also United States Dep't of Justice v. Provanzano, 469 U.S. 14 (1984) (congressional enactment mooted one issue but not the entire case). Laidlaw After incurring heavy losses through its investments in Safety-Kleen and Greyhound Lines. The plaintiff must allege sufficient facts in the complaint to demonstrate standing. Historical business data for Laidlaw International Inc.: Historical business data for Laidlaw Global Corp.: This page was last edited on 19 April 2023, at 16:25. In 2019, ECOS is celebrating its 15th year anniversary due to our highly regarded customer service. WebEnvironmental Consulting Services 541910 Marketing Research and Public Opinion Polling 541990 All Other Professional, Scientific, and Technical Services 551114 Corporate, 2 The citizen may intervene in the government enforcement action. Laidlaw Environmental Services has laid off 23 employees at its Reidsville office and its Columbia, S.C., headquarters in its third round of layoffs in eight months. Petitioners Friends of the Earth, Inc., Citizens Local Environmental Action Network, Inc., and the Sierra Club brought this citizen suit against respondent Laidlaw Environmental Services, Inc., to enjoin Laidlaw's violations of its Clean Water Act permit. 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. Id. (J.A. 182))-was designed to redress that specific interest by compelling compliance. at 600, 613-619 (J.A. III, 2, underpins both standing and mootness doctrine, but the two inquiries differ in crucial respects. 531, 536 (1984). (quoting Concentrated Phosphate Export Ass'n, 393 U.S. at 203). 1993). The facility included a wastewater treatment plant that removed pollutants from water generated by the facility's air pollution control system. 91, 93-95). 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. Laidlaw Citing Steel Co. v. Citizens for Better Environment, 523 U. S. 83, the court reasoned that the only remedy currently available to FOE, civil penalties payable to the Government, would not redress any injury FOE had suffered. PIERCE, JR.* This article was written before the Supreme Court decided Friends of the Earth, Inc. v. Laidlaw at 610-611 (J.A. The doctrine of mootness, by contrast, requires a court to discontinue its exercise of judicial power if it determines that a live case or controversy no longer exists in light of changed circumstances. This site is protected by reCAPTCHA and the Google. 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. If an NPDES permit holder fails to comply with the specified permit conditions, the federal and state governments may take enforcement action. 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. B. 81 (1971)). 1365(a)) in citizen suits specifically to facilitate that objective. 1988." | Library of Congress. 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. Environmental Its resolution will have a direct and substantial effect on enforcement of the Act. 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. 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). 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. WebFind out what works well at Laidlaw Environmental Services from the people who know best. 1365(d). See CWA 309, 33 U.S.C. Grant Co., 345 U.S. 629, 632 (1953). 149). 33 U.S.C. The United States is also a potential defendant in citizen enforcement actions against federal facilities. If it did, courts would be compelled to leave the defendant free to return to its old ways. According to Laidlaw, the entire Roebuck facility has since been permanently closed, dismantled, and put up for sale, and all discharges from the facility have permanently ceased. 1319, 1342(b)(7). B. 8a-9a. Cadence Environmental Energy In the 1990s, Laidlaw continued to acquire hundreds of smaller school bus and public transit contractors in the U.S. and Canada. Laidlaw sold BFI their 29% stake in Attwoods to for$132.5 million. The latter converted in 1996, and Virginia Overland's parent company based in Richmond closed in 2004. 201-500 employees. Like most States, South Carolina has obtained EPA's approval to issue and enforce NPDES permits. The permit authorized Laidlaw to discharge treated water and limited pollutants. May 22, 2018. 1342(b) and (c). 98-822 FRIENDS OF THE EARTH, INC., ET AL., PETITIONERS v. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONERS INTEREST OF THE UNITED STATES The United States, in cooperation with the individual States, has primary responsibility for implementing and enforcing the Clean Water Act (CWA), 33 U.S.C. at 484-499 (J.A. The doctrines of standing and mootness are closely related because each inquires into the existence of an Article III case or controversy. 122.41(j) and (l). Nevertheless, the district court found that, within two months after petitioners filed their complaint, Laidlaw was in "substantial compliance." Cf. The Clean Water Act's Citizen-Suit Provisions Authorize Private Judicial Actions To Compel Dischargers To Comply With Their Discharge Permits The Clean Water Act, like other federal environmental statutes, creates a federal-state partnership for developing environmental standards and providing for their enforcement. 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. Compare pay The former Virginia Overland subsidiary operation in the Norfolk area acquired from Laidlaw operates as Transquest and is now owned by Serco. Services; Innovations. 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. 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."). Laidlaw Environmental Services, Inc. - Corporation Wiki Syllabus Opinion [ Ginsburg ] Concurrence LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Shortly thereafter, the South Carolina Department of Health and Environmental Control (DHEC), acting under the Clean Water Act (Act), 33 U. S. C. 1342(a)(I), granted Laidlaw a National Pollutant Discharge Elimination System (NPDES) permit. 7a. With locations in Reston, VA, Philadelphia, PA, and Baltimore, MD, Comstock Environmental also offers regulatory compliance, site characterization and remediation, See CWA 505(b)(1)(B), 33 U.S.C. Grant Co., 345 U.S. at 636). 158, 185-193). 183). Environmental Background Information Center - movementech.org See CWA 402(a)(2), 33 U.S.C. This Court has recognized that the foregoing principles governing mootness are directly applicable to Clean Water Act citizen suits. The permit WebECOS provides all of its customers with a one year guarantee on its water damage and fire damage repairs. 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. 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. Web394 Virginia Environmental Law Journal [Vol. Id. Allied Waste SystemsAllied's Chief Executive Officer, Roger Ramsey, was the Vice Presidentand Chief Financial Officer for BFI from 1968 to 1976. 182-183). But the court denied injunctive relief as a matter of equitable discretion, treating Laidlaw's compliance history as a factor bearing on the exercise of that discretion. 482 U.S. at 760. 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. Tull v. United States, 481 U.S. 412, 422-423 (1987). $500,000 civil penalty addressing hazardous waste burning violations. Organizing Tip-For all intents and purposes, Laidlaw's trackrecord is still relevant since the same management will be probably beoperating the facilities. See also Maher v. Gagne, 448 U.S. 122, 129 (1980) ("for purposes of the award of counsel fees [under 42 U.S.C. BURY PLUS PARTNERS-INC., Chantilly, Virginia, VA 20151-1128 See Laidlaw II, 956 F. Supp. 1. West Santa Ana Branch Transit Corridor. at 611 (J.A. On the date of acquisition there were approximately ninety roll-off containers which held odiferous bio-sludge material on site. 5 The courts of appeals, other than the Fourth Circuit, have concluded under various rationales that a citizen plaintiff who proves that the defendant was in violation of a NPDES permit at the time of suit may obtain civil penalties to deter future violations, even if the violations by that time ceased. Gwaltney, 484 U.S. at 66. The district court assessed civil penalties and attorneys fees to "provide adequate deterrence under the circumstances of this case," ibid. 1319(b), and the imposition of criminal, civil, and administrative penalties, 33 U.S.C. Laidlaw also has operated landfills and hazardous waste incinerators among 91). App. The court stated that "these elements must continue to exist at every stage of review" or else "the action becomes moot." Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc. The Court has previously indicated, in connection with other federal statutes that authorize "prevailing parties" to recover attorneys' fees, that a plaintiff whose suit induces the defendant to comply with the law voluntarily is a "prevailing party." Laidlaw Environmental provides industrial waste management services. To contact LAIDLAW WASTE SYSTEMS INC, call (903) 984-8621, or view more information below. 1983, that "[i]t is settled law, of course, that relief need not be judicially decreed in order to justify a fee award under [42 U.S.C.] 6 Section 309(d) sets forth standards for a district court to apply in assessing civil penalties in government enforcement actions. Ask them, in public, for the background and experienceof the management for your local facility. WebAbout us. However, DeGroote is still one of Republic's largest shareholdersand is Vice-Chairman.6, Rollins Environmental ServicesBusiness Week ranked Rollins Environmental's board of directors asone of the worst. Mike McClung Id. 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. Art. WebLaidlaw Environmental Services, Inc. (U.S. Supreme Court) Ability of individuals bringing citizen-suits to seek civil penalties. Laidlaw The Fourth Circuit vacated the District Court's order and remanded with instructions to dismiss the action. 33 U.S.C. In 1969 DeGroote began to expand beyond trucking by acquiring a solid waste management company. 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. The court of appeals reversed and directed the district court to dismiss the citizen action. Business Week said of these companies. 1986). No warranties, expressed or implied, are provided for the business data on this site, its use, or its interpretation. WebRincon Consultants, Inc. was founded in 1994 and has grown to be a leading environmental consulting firm throughout California. Pet. Pet. See, e.g., Steel Co., 523 U.S. at 102-104; Lujan v. Defenders of Wildlife, 504 U.S. 555, 559-560 (1992). <25 Employees . ; SouthCarolina Environmental Compliance Update, April, 1993.17 South Carolina EnvironmentalCompliance Update, November, 1993.18 "SCDHEC Board Order RequiringTrust Fund and Limiting Capacity Survives Two Preliminary Challenges,"Haynsworth, Marion, McKay & Guerard, L.L.P. See 523 U.S. at 86-88. 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. See pp. 523 U.S. at 108. Pp.180-195. (TOC), Inc., 956 F.Supp. Get the latest business insights from Dun & Bradstreet. Moreover, even if the court of appeals' methodology were proper, its analysis overlooks the relationship between injunctive relief and civil penalties under the Clean Water Act, which would be an essential consideration in evaluating whether petitioners' citizen suit against Laidlaw is indeed moot.5 The court of appeals should have begun by applying this Court's teachings that a defendant's voluntary cessation of unlawful conduct does not automatically moot a case. 1990); Pawtuxet Cove Marina, Inc. v. Ciba-Geigy Corp., 807 F.2d 1089, 1094 (1st Cir. "3In 1993, DeGroote and associates paid $23 million to the Ontario SecuritiesCommission in a settlement for insider trading involving Laidlaw stock. In 1998, the company acquired American Medical Response, another nationwide U.S. ambulance service provider and CareLine, Inc., U.S. ambulance consolidator of smaller ambulance contractors. Laidlaw (TOC), Inc., 956 F. Supp. at 760-761. FRIENDS OF THE EARTH, INC., ET AL. See Tull, 481 U.S. at 422 n.8. After incurring heavy losses through its investments in Safety-Kleen and Greyhound Lines and after almost 20 years of expansion, Laidlaw Inc. filed for protection under Chapter 11 of the U.S. Bankruptcy Code in June 2001. 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. In the Supreme Court of the United States FRIENDS OF THE EARTH, INC., ET AL., PETITIONERS v. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONERS SETH P. WAXMAN Solicitor General Counsel of Record 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 Department of Justice Washington, D.C. 20530-0001 (202) 514-2217 QUESTIONS PRESENTED 1. April 12, 1999. The citizens argued that their suit could nevertheless proceed because EPCRA, unlike the Clean Water Act, authorized citizens to obtain a judicial assessment of civil penalties for past infractions. Ibid. 1365. LAIDLAW ENVIRONMENTAL SERVICES, INC 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." Laidlaw Environmental Services LAIDLAW ENVIRONMENTAL After Laidlaw Environmental Services, Inc. bought a wastewater treatment plant, it was granted a National Pollutant Discharge Elimination System (NPDES) permit. 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. Here, unlike the situation in Steel Co., petitioners had more than merely a "generalized interest in deterrence." In acquiring Laidlaw, FirstGroup announced that the Laidlaw name would not be kept, but that the Greyhound name would be maintained. The Court's decisions have established the hornbook principle that "[m]ere voluntary cessation of allegedly illegal conduct, or a statement by the defendant that it would be uneconomical to engage in any further questioned behavior, does not render moot a suit for an injunction if it is possible for the defendant to resume such conduct." 3078. Civ.A. Pt. Congress drew that factor, as well as others, from EPA's pre-existing civil penalty policy. This Court has repeatedly and emphatically rejected the notion that "voluntary cessation" of the challenged conduct automatically deprives a court of the power to order relief. 98-822. 1991) (dictum). Inc LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC., a subsidiary of Laidlaw Environmental Services, Inc., Appellant, v. AETNA CASUALTY & SURETY COMPANY OF ILLINOIS, Respondent. Share sensitive information only on official, secure websites. See Friends of the Earth, Inc. v. Laidlaw Envtl. 1365, must be dismissed as moot unless the district court orders injunctive relief. 1993); Atlantic States Legal Found., Inc. v. Pan Am. 1365, authorizes private citizens to bring civil actions to enforce the Act's requirements. 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. 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. The state court approved the settlement on June 10, 1992, the day after the expiration of Section 505(b)'s 60-day notice period, 33 U.S.C. 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. 1365(d). On June 12, 1992, petitioners brought suit against Laidlaw, seeking injunctive and declaratory relief and an award of civil penalties for Laidlaw's continuing violations of its NPDES permit. Laidlaw began in 1924 when founder Robert Laidlaw created Laidlaw Transit, a trucking service company in Hagersville, Ontario. 1011, 94th Cong., 2d Sess. 470 (D.S.C. Stern, supra, at 716; see id. 33 U.S.C. Heard October 7, 1999. 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. Petitioners accordingly had the requisite adversarial posture, arising from their concrete interest in abating those violations, to satisfy the requirements of Article III. Furthermore, the court, "in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate." Because the Fourth Circuit was persuaded that the case had become moot, it simply assumed that FOE had initial standing. 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. Garbage, on the other hand, always had to be dealt with. III, 2. Before the litigation was resolved on appeal, Laidlaw started to comply with the Clean Water Act limits and closed the plant that had exceeded them. 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. Cf. See pp. 33 U.S.C. Pet. Laidlaw Environmental Services is a company that operates in the 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. at 610-611 (J.A. 1251 et seq. Fined $10,000 for lime blowing out of a storage vent in October 1995. 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. Laidlaw Environmental Services Careers and Employment The district court found that Laidlaw had violated its permit both before and after petitioners filed their citizen suit, but had ceased the violations before final judgment. 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 182-183). Finally, we show why the court of appeals erred in holding that, because the district court denied injunctive relief, the petitioners' enforcement action is moot.4 A. The potential for future violations gives rise to a disputed question of fact in this instance, since the company has retained its permit. Foe v. Laidlaw Environmental Services (TOC), Inc Id. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environ-mental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. 470, 475 (D.S.C. 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. Self-operation conversions for all three were urged by Virginia Department of Education officials as "cost-saving." buttonwillow WebIn 1995, NELC filed suit against garbage giant Laidlaw Environmental Services for violating the Clean Water Act hundreds of times at its Hilliard, OH, facility. WebLaidlaw Environmental Services, Inc. May 1985 - May 19916 years 1 month Charleston, SC Education University of North Carolina at Greensboro Master of Science (M.S.

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