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Constitutional Law Keyed to Choper
Friends of Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.
Citation:
528 U.S. 167 (2000)Facts
Laidlaw Environmental Services purchased a hazardous waste incinerator facility in Roebuck, South Carolina in 1986, which included a wastewater treatment plant discharging into the North Tyger River. The South Carolina Department of Health and Environmental Control (DHEC) issued Laidlaw an NPDES permit that set limits on pollutant discharges, including mercury. Despite technological improvements, Laidlaw consistently exceeded the permit’s mercury limits, violating them 489 times between 1987 and 1995. After FOE notified Laidlaw of its intent to file a citizen suit, Laidlaw arranged for DHEC to file a lawsuit against it, resulting in a $100,000 civil penalty and a settlement agreement. FOE proceeded with its citizen suit, alleging ongoing violations. The District Court found that FOE had standing based on members’ affidavits stating they would use the river for recreation but avoided it due to concerns about Laidlaw’s discharges. The court determined that Laidlaw had gained an economic benefit of $1,092,581 from noncompliance but imposed a civil penalty of only $405,800, finding this would provide “adequate deterrence.” By the time of judgment, Laidlaw had achieved substantial compliance with its permit, so the court denied injunctive relief.
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