(J.A. It would deny that flexibility and exalt form over substance to require the district court to add a pro forma injunction order in order to avoid mootness. Allied Waste SystemsAllied's Chief Executive Officer, Roger Ramsey, was the Vice Presidentand Chief Financial Officer for BFI from 1968 to 1976. Laidlaw II, 956 F. Supp. City of Mesquite, 455 U.S. at 289 n.10. 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. 523 U.S. at 102-104. LAIDLAW WASTE SYSTEMS INC has the Handler ID: #TXD000454710. Pet. 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. See Laidlaw I, 890 F. 2d at 478-479 (J.A. Id. 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. at 484-499 (J.A. After incurring heavy losses through its investments in Safety-Kleen and Greyhound Lines. In 1998, a watershed year, Laidlaw Inc. acquired Greyhound Lines U.S. operations, Greyhound Canada, the DAVE Companies (specialists in paratransit) and emergency management companies EmCare and Spectrum Emergency Care. Laidlaw also has operated landfills and hazardous waste incinerators among 1365, authorizes private citizens to bring civil actions to enforce the Act's requirements. 1990). 182-183). Grant Co., 345 U.S. at 636). Fined $1 million for violations including illegal handling and disposalof hazardous wastes at its commercial hazardous waste fuel blending facilityin Crowley. 1365(a)) in citizen suits specifically to facilitate that objective. OCTOBER TERM, 1999 The court next conducted a trial on petitioners' complaint, but the court delayed issuance of its decision in light of administrative proceedings respecting Laidlaw's permit. 7 Civil penalties are an effective "forward-looking" remedy because a coercive monetary sanction allows the court to compel compliance through a mechanism that directly removes the economic incentives that could induce a defendant "to return to his old ways." 470 (D.S.C.1995). Rather, "[t]he test for mootness in cases such as this is a stringent one." May 21, 2018. United States Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 24-25 (1994) ("The judgment is not unreviewable, but simply unreviewed by [the losing party's] own choice."). WebLAIDLAW ENVIRONMENTAL SERVICES, INC., Defendant. 41. As the Court has explained: "Mere voluntary cessation of allegedly illegal conduct does not moot a case; if it did, the courts would be compelled to leave '[t]he defendant . Laidlaw moved for summary judgment on the ground that FOE lacked Article III standing to bring the lawsuit. Compare Laidlaw II, 956 F. Supp. at 611 (J.A. April 12, 1999. This Court applies the mootness doctrine to determine whether circumstances have changed during the course of the litigation so as to eliminate the case or controversy that the plaintiff had previously shown to exist. The court of appeals specifically "focus[ed] on the continued existence of the third element, redressability." at 111, does not repudiate the reasoning in Hewitt and Maher. If the Court concludes that petitioners' suit is not moot, the issue of petitioners' standing would be resolved on remand. Instances of reverse privatization were rare, but did occur during Laidlaw's years of expansion. Pet. 1311(a), 1342. Gwaltney, 484 U.S. at 66. 183). CWA 505(g), 33 U.S.C. Whether a citizen plaintiff is barred from recovering litigation costs under Section 505(d) of the Clean Water Act if the citizen suit is dismissed as moot. A. 1319(d)]" to deter future violations. Nevertheless, the determination of whether injunctive relief is warranted is a matter within the trial court's discretion. For example, the Court stated in Hewitt, supra, a case arising under 42 U.S.C. 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. In the 1990s, Laidlaw continued to acquire hundreds of smaller school bus and public transit contractors in the U.S. and Canada. WebLaidlaw (/ l e d l /), organized as Laidlaw International, Inc. (with corporate headquarters in Naperville, Illinois) was the largest provider of intercity bus services, contract public Share sensitive information only on official, secure websites. Laidlaw began in 1924 when founder Robert Laidlaw created Laidlaw Transit, a trucking service company in Hagersville, Ontario. The company later sold American Medical Response and EmCare, its EMS contract operations, to new owners. 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). Gwaltney, 484 U.S. at 59. Soc'y, supra). The Court expressed no doubt that the federal or state governments could bring suit to punish past violations, but a private citizen could not sue to impose civil penalties unless that relief "would likely remedy its alleged injury in fact." WebLaidlaw Environmental Services Environmental Services Division Is this Your Business? 3078. C. A Court's Decision To Withhold Injunctive Relief Does Not Constitute A Finding That The Discharger's Violations Will Not Recur The court of appeals concluded that petitioners' citizen suit was necessarily moot because the district court refused to grant an injunction in light of Laidlaw's cessation of its permit violations and "the only remedy currently available to [petitioners]-civil penalties payable to the government-would not redress any injury [petitioners] have suffered." 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. 1365. CONCLUSION The judgment of the court of appeals should be vacated and the case remanded for further proceedings. The Court explained that "the irreducible constitutional minimum of standing" consists of the "triad of injury in fact, causation, and redressability," which "constitutes the core of Article III's case-or-controversy requirement." Held: The Fourth Circuit erred in concluding that a citizen suitor's claim for civil penalties must be dismissed as moot when the defendant, after commencement of the litigation, has come into compliance with its NPDES permit. See Arizonans for Official English, 520 U.S. at 67-68. Cf. As Section 505(a) makes clear, a citizen may ask the district court to "apply any appropriate civil penalties under [Section 309(d), 33 U.S.C. at 600-601 (J.A. After Laidlaw Environmental Services, Inc. bought a wastewater treatment plant, it was granted a National Pollutant Discharge Elimination System (NPDES) permit. Weve been identifying carbon-rich wastes to use in our Chem-Fuel program since 1975. Penalized $1.825 million, the state's largest penalty ever, for repeatedviolations including improper disposal of infectious waste and wastewatersludge (36 total). These discharges, particularly of mercury, repeatedly exceeded the limits set by a discharge U.S. Const. WebACE is the Mid-Atlantics premier builder of water infrastructure projects. The permit May 22, 2018. 91, 93-95). WebFind 6 listings related to Laidlaw Environmental Svc Inc in Newport News on YP.com. 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."). 8a-9a. App. 7 Congress drafted Section 309(d)'s standards for assessing civil penalties (see note 6, supra) with deterrence of violations specifically in mind. In 2019, ECOS is celebrating its 15th year anniversary due to our highly regarded customer service. See CWA 309(b) and (c), 33 U.S.C. 98-822. at 478 (J.A. The amendment, which prohibits a court from awarding fees to a losing party, does not appear to restrict the court's power to award fees to a citizen who can show that the suit prompted the defendant to come into compliance. on Investigations and Oversight of the House Comm. Laidlaw II, 956 F. Supp. 7a-9a. WebAfter Laidlaw Environmental Services, Inc. bought a wastewater treatment plant, it was granted a National Pollutant Discharge Elimination System (NPDES) permit. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 588, 593-594 (D.S.C. The Court explained: A lawsuit sometimes produces voluntary action by the defendant that affords the plaintiff all or some of the relief he sought through a judgment-e.g., a monetary settlement or a change in conduct that redresses the plaintiff's grievances. 1319(d)), and it assessed a penalty of $405,800. 1319(d). 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. Id. 414, 92 Cong., 2d Sess. See Laidlaw II, 956 F. Supp. See CWA 309(a), 402(b)(7), 33 U.S.C. On-Call Environmental Services for Metropolitan Water District of Southern California. Grant Co., and Oregon State Med. Grant Co., 345 U.S. at 633, 635-636 ("although the actions were not moot, no abuse of discretion has been demonstrated in the trial court's refusal to award injunctive relief"); see generally City of Mesquite, 455 U.S. at 289. DREC acceded to Laidlaw's request to file a lawsuit against the company. Laidlaw promptly entered into a consent agreement with DHEC, drafted and filed a complaint on behalf of DHEC, and sought state court approval of the settlement. 7a. These also included major competitors, including Mayflower Contract Services in 1995, and National Bus Service in 1996. 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. WebFRIENDS OF EARTH, INC. V. LAIDLAW ENVI-RONMENTAL SERVICES (TOC), INC. (98-822) 528 U.S. 167 (2000) 149 F.3d 303, reversed and remanded. Ibid. 182), but it refused to issue an "injunction or other form of equitable relief" in light of "the fact that Laidlaw is now and has for an extended period of time been in compliance with its permit," ibid. But as this Court explained in Weinberger v. Romero-Barcelo, 456 U.S. 305 (1982), the Clean Water Act does not employ injunctions as "the only means of ensuring compliance." The plaintiff must allege sufficient facts in the complaint to demonstrate standing. Secure .gov websites use HTTPS See Arizonans for Official English v. Arizona, 520 U. S. 43, 66-67. Fined $22,500 for hazardous waste burning violations discovered duringa 1990 inspection. This Court ruled in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 484 U.S. 49 (1987), that Section 505 allows citizens to commence citizen suits to compel compliance with the Clean Water Act, but not to sue merely to punish past infractions. Congress has since revised Section 505(d) to allow an award of litigation costs "to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate." 181-182). (TOC), Inc., 956 F.Supp. Accord Concentrated Phosphate Export Ass'n, 393 U.S. at 203-204 (a defendant is entitled to show "that the likelihood of further violations is sufficiently remote to make injunctive relief unnecessary") (citing W.T. Web394 Virginia Environmental Law Journal [Vol. 1365(d). See Arizonans for Official English v. Arizona, 520 U.S. 43, 67 (1997); County of Los Angeles v. Davis, 440 U.S. 625, 631 (1979). In particular, the permit, at that time, limited Laidlaw to a daily average maximum discharge of 1.3 parts per billion (ppb) of mercury. As we next explain, the court's ruling overlooks established principles that guide how the mootness doctrine should be applied in this case. That relief "can include, but is not limited to, an order of immediate cessation." The Court has since indicated in Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (1998), a case involving the citizen-suit provisions of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA), 42 U.S.C. 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. (TOC), Inc., 890 F. Supp. See pp. Grant Co., 345 U.S. at 632). 1365. The Court applies the doctrine of standing as a threshold jurisdiction requirement that a plaintiff must normally satisfy to invoke the federal judicial power. Container Corp., a South Carolina subsidiaryof Allied that was responsible for the Fort Mill transfer station, paida $55,000 fine and the station was closed. The doctrines of standing and mootness are closely related because each inquires into the existence of an Article III case or controversy. The district court assessed civil penalties and attorneys fees to "provide adequate deterrence under the circumstances of this case," ibid. Petitioners sought to deter violations that caused them, and would in the future cause them, injury in fact. Congress accordingly enacted Section 505 of the Clean Water Act, which empowers citizens who are adversely affected by permit violations to bring civil enforcement actions to compel compliance. 1319(b), and the imposition of criminal, civil, and administrative penalties, 33 U.S.C. 1365(c)(3). See 456 U.S. at 314. Friends of the Earth, Inc. brought an action against Laidlaw on the grounds that one of its plants was discharging more mercury than its permit allowed. Referrals increase your chances of interviewing at Compunnel Inc. by 2x. On the date of acquisition there were approximately ninety roll-off containers which held odiferous bio-sludge material on site. In 2012, ECOS was awarded with the Aspen Chamber of Commerce Business of the Year Award. Section 402(a) provides that the Environmental Protection Agency (EPA) shall issue NPDES permits authorizing effluent discharges in strict compliance with conditions specified in the permit. 183). 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. Id. 1365(b)(1)(B).2 Once the citizen files a suit, Section 505(c) directs that the citizen must serve a copy of the complaint on the Attorney General and the Administrator of EPA, and the citizen must provide them with advance notice of any proposed consent judgment. See 890 F. Supp. WebThis past terms decision in Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.7 raises the deference issue. The court noted that the penalty amounted to less than one half of the economic benefit that Laidlaw had obtained through non-compliance, but it concluded that the "total deterrent effect" was adequate, because "Laidlaw will be required to reimburse [petitioners] for a significant amount of legal fees and has, itself, incurred significant legal expenses." The District Court also denied Laidlaw's motion to dismiss on the ground that the citizen suit was barred under 1365(b)(I)(B) by DREC's prior action against the company. 122.41(j) and (l). Ibid. at 109. 2 The citizen may intervene in the government enforcement action. Indeed, under those principles, Laidlaw was required to "demonstrate that it is 'absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur.'" The company had also lost their contract in Petersburg to self-operation in 1989, but was still operating at Hopewell. On April 10, 1992, petitioners notified Laidlaw of their intention to bring a citizen suit under Section 505 of the CWA. Settled for a $100,000 fine for more than four years of mercury dischargeviolations. ACTION CLEANUP ENVIRONMENTAL SERVICES INC Environmental Services Cf. Laidlaw Environmental Services (TOC), Inc., 890 F. Supp. WebIn 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 at 477 (J.A. Id. Read More Syllabus Assuming, arguendo, that FOE initially had standing, the appellate court held that the case had become moot once Laidlaw complied with the terms of its permit and the plaintiffs failed to appeal the denial of equitable relief. Laidlaw had grown primarily through acquisitions of other companies and contracting of services formerly directly provided by government entities. Instead, the defendant must show that "subsequent events made it absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur." No warranties, expressed or implied, are provided for the business data on this site, its use, or its interpretation. EPA, as well as the issuing state agency, may enforce a state-issued NPDES permit. The facility included a wastewater treatment plant that removed pollutants from water generated by the facility's air pollution control system. Laidlaw installed additional pollution control technology in 1991, but nevertheless violated the mercury limitation more than 100 times in 1992. at 596-597 (J.A. 183). 1365(b)(1)(B). 185-195). 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." 158, 185-193). Like the court of appeals (see note 3, supra), we assume, for purposes of resolving the mootness question, that Laidlaw's permit violations have caused petitioners injury in fact. Formore on strategy and organizing see our Strategy Guide. Court of Appeals of South Carolina. Civ.A. References1 "Pricing Surfaces on LaidlawFund Tranches," Institutional Investor, Bank Letter, March 10, 1997.2 "Allied Waste Announces Completionof Shareholder Transactions Closes Senior Discount Note Offering," PR Newswire,May 15, 1997, "Drexel to Pay $650 million in Guity Plea," Chicago Tribune,December 22, 1988.3 "Class Action Suits Lure Shareholders:But Laidlaw case shows it's not easy money," Eric Reguly, Financial Post,September 30, 1993.4 "Cragnotti pays $ 2.67 million,"Tony van Alphen, Toronto Star, April 29, 1993.5 "Fatjo and Hall Return to WasteManagement Business with ENVIRx," Integrated Waste Management, July 22,1992.6 "Odd Union Intrigues Wall St.;Waste Manager Joins with Insurer," Terrence L. Johnson; and Stephen Phillips,The Cleveland Plain Dealer, May 26, 1996.7 "Attwoods PLC - BFI Offer Extended,etc," Extel Financial Limited, Regulatory News Service, November 4, 1994,"Laidlaw expands hazardous waste business with purchase of Union Pacific[sic]" The Ottawa Citizen, December 7, 1994.8 "Waste Plant Fined $10,000 AfterLime Leak," Rob Moritz; The Nashville Banner, October 31, 1995.9 "Law Laid Down for Laidlaw,"Louisiana Industry Environmental Advisor April, 1994.10 "Laidlaw Hammered by DEQ,"Louisiana Environmental Compliance Update, March, 1994.11 "EPA Targets Waste-BurningViolators For Penalties," Reuters, November 15, 1994; "EPA Cites MonsantoFor Hazardous Waste Violation; Seeks $555,900 Fine," PR Newswire, November16, 1994.12 "Laidlaw: No Collusion," APOnline, December 13, 1994.13 "EPA Fines Two South CarolinaIncinerators," South Carolina Environmental Compliance Update, March, 1994.14 "EPA Announces Hazardous WasteCombustion Enforcement Iniative," Arnall Golden & Gregory; GeorgiaEnvironmental Law Letter, October, 1993.15 "Sewer District Annexes Laidlaw,"Shelly Haskins; Spartanburg Herald-Journal, July 11, 1996.16 "SCDHEC Issues Twenty-ThreeConsent Orders," Haynsworth, Marion, McKay & Guerard, L.L.P. After almost 20 years of expansion, Laidlaw Inc. filed for protection under Chapter 11 of the U.S. Bankruptcy Code in June 2001. WebECOS provides all of its customers with a one year guarantee on its water damage and fire damage repairs. Laidlaw Environmental Services, Inc. - Columbia, SC Suite 300 PO Box 11393 1301 Gervais St Columbia, SC 29211 - 1393 Write A Review (803) 933-4238 Updated: The court then requested and received, through a brief amicus curiae, the views of the United States on that issue. In May 1995, the parties filed cross-motions for summary judgment. Gwaltney, 484 U.S. at 66 (quoting Concentrated Phosphate Export Ass'n, 393 U.S. at 203) (emphasis added by the Court in Gwaltney). The application of mootness principles frequently calls for a practical assessment of whether a case or controversy persists in light of the particular facts at hand. Pt. The Clean Water Act The Clean Water Act creates a comprehensive program "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." at 716 n.21 (collecting cases). These addresses are known to be associated with Laidlaw Environmental Services, Inc. however they may be inactive or mailing addresses only. Id. 81 (1971)). Naval Facilities Engineering Command (NAVFAC) Marianas awarded a contract with a maximum amount of $25 million to Guam small business Landscape Management Systems, Inc. for environmental services at 1988." 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. Business Week said of these companies. Laidlaw Environmental Services, Inc. filed as a Domestic Business Corporation in the State of New York on Wednesday, May 7, 1980 and is approximately forty-three years old, as recorded in documents filed with New York Department of State. Ibid. See Comfort Lake Ass'n v. Dresel Contracting, Inc., 138 F.3d 351, 356 (8th Cir. Compare pay The permit authorized Laidlaw to discharge treated water and limited pollutants. Tanning, 993 F.2d 1017, 1020-1021 (2d Cir. 98-10463-MEL. 1998); Atlantic States Legal Found., Inc. v. Tyson Foods, Inc., 897 F.2d 1128, 1137 (11th Cir. Laidlaw began to discharge various pollutants into the waterway. When that occurs, the plaintiff is deemed to have prevailed despite the absence of a formal judgment in his favor. See Friends of the Earth, Inc. v. Laidlaw Envtl. 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. In 1969 DeGroote began to expand beyond trucking by acquiring a solid waste management company. at 613-621 (J.A. We next address how this Court's mootness doctrine operates in the context of those provisions. WebTES has successfully provided environmental, safety, and industrial hygiene solutions to our clients since 1984. 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). The district court did deny petitioners' request for injunctive relief, which would have gone beyond a simple prohibitory injunction and imposed special reporting obligations. 1995) (Laidlaw I) (J.A. The court rejected Laidlaw's diligent prosecution defense after an extensive analysis of the substance of the settlement and the circumstances by which it was reached. The permit authorized Laidlaw to discharge treated water into the North Tyger River, but limited, among other things, the discharge of pollutants into the waterway. 1319, 1342(b)(7). Gwaltney, 484 U.S. at 66-67. The Respondent was acquired by Laidlaw Environmental Services, Inc. on December 23, 1992. It apparently saw no need to invoke the foregoing mootness principles, and it did not make specific findings on the question whether it was clear that Laidlaw's permit violations could not reasonably be expected to recur. App. (TOC), Inc., 956 F. Supp. Pet. Laidlaw II, 956 F. Supp. See, e.g., Vitek, 436 U.S. at 410 (remanding case to the district court for consideration of the question of mootness); McLeod v. General Elec. 1997); Natural Resources Defense Council v. Texaco Refining & Marketing, Inc., 2 F.3d 493, 502 (3d Cir. Specifically, the court of appeals incorrectly concluded that the district court's discretionary decision to withhold injunctive relief in the face of Laidlaw's post-complaint cessation of its permit violations necessarily rendered petitioners' enforcement action moot. Citing this Court's decision in Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (1998), the court of appeals concluded that "this action is moot because the only remedy currently available to [petitioners]-civil penalties payable to the government-would not redress any injury [petitioners] have suffered." In the Supreme Court of the United States No. After FOE initiated this suit, but before the District Court rendered judgment on January 22, 1997, Laidlaw violated the mercury discharge limitation in its permit 13 times and committed 13 monitoring and 10 reporting violations. United States District Court, D. Massachusetts. Id. See, e.g., Lujan v. Defenders of Wildlife, 504 U.S. at 561; Lujan v. National Wildlife Fed'n, 497 U.S. 871, 883-889 (1990); Gladstone, Realtors v. Village of Bellwood, 441 U.S. 91, 114-115 & n.31 (1979). 8a-9a. 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. 2-3, supra. This article is about the transportation corporation. In 2012, ECOS was awarded with the Aspen Chamber of Commerce Business of the Year Award. 1365(d). Laidlaw also continued to explore technology to curtail the mercury violations. 523 U.S. at 108. The defendant must show that "subsequent events made it absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur." Id. Under the Clean Water Act, corporations such as Laidlaw Environmental Services received permits that limited them to certain amounts of discharges of dangerous substances. . Virginia Overland Transportation was an operator of public service transportation and a much smaller industry consolidator in the state. Pet. It ruled, based on an extrapolation of this Court's decision in Steel Co., that the district court's denial of petitioners' request for an injunction rendered this case constitutionally moot and prohibited the district court from assessing civil penalties. Section 402 of the Act establishes the National Pollutant Discharge Elimination System (NPDES), which authorizes the federal government and qualifying States to issue permits for controlling the point-source discharge of pollutants. 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. 1993); Atlantic States Legal Found., Inc. v. Tyson Foods, Inc., 897 F.2d 1128, 1135-1136 (11th Cir. In 1978, Laidlaw entered the United States solid waste industry, Laidlaw Waste Systems, a wholly owned subsidiary of Laidlaw Inc, In 1986 Laidlaw acquired Genstar Corp (GSX) of Boston and in 1996 then sold its solid waste business to Allied Waste Industries and many former Laidlaw operations where then rebranded to local names depending on the locations. The U.S. Department of Energy (DOE) Pinellas Plant in Largo, FL is proposing to ship and dispose of hazardous sludge, listed as F006 waste, to the Laidlaw Environmental Services of South Carolina, Inc. (Laidlaw) treatment, storage, and disposal facility in Pinewood, South Carolina. at 601-610 (J.A. Soc'y, 343 U.S. 326, 333 (1952). WebHe also served as Senior Compliance Official with the Rollins Environmental Services Company, Laidlaw Environmental Services Company and Safety-Kleen, Inc. Mr. Retallick holds a Bachelor of Sciences Degree in Geosciences from the Pennsylvania State University. Congress empowered the government to seek civil penalties to punish wrongful conduct as well as to deter future violations, both of which are proper government objectives.
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