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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 operated a hazardous waste incinerator facility in Roebuck, South Carolina, that discharged pollutants into the North Tyger River. The company received a permit from the South Carolina Department of Health and Environmental Control (DHEC) authorizing wastewater discharge, including limits on mercury releases. Between 1987 and 1995, Laidlaw repeatedly exceeded its permit limits, with hundreds of violations. After Friends of the Earth and other environmental organizations notified Laidlaw of their intent to sue, Laidlaw requested that DHEC file a lawsuit against it, which resulted in a settlement and modest penalties. The environmental organizations then filed their citizen suit, alleging ongoing violations and seeking declaratory and injunctive relief, civil penalties, and attorney fees.
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