[19990105]RS20012_继Steel Co.和Laidlaw之后公民诉讼的未来.pdf

42 U.S.C. 7604.1Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20012January 5, 1999The Future of the Citizen Suit After Steel Co. and Laidlaw(name redacted)Legislative AttorneyAmerican Law DivisionSummaryTwo recent court decisions have called into question the viability of environmentalcitizen suits. In Steel Co., the Supreme Court denied plaintiff standing in a citizen suitwhere the defendant came into compliance after plaintiff sent its notice of intent to sue,but before it filed the complaint. Subsequently, the Fourth Circuit in Laidlaw invokedmootness doctrine to extend Steel Co. to where the citizen-suit defendant achievescompliance after the complaint is filed, but before entry of final judgment. To be sure,both suits resulted in compliance. But they also allow defendants to foreclose civilpenalties by coming into compliance, eliminating much of the incentive citizen suitscreate for advance compliance. In addition, the possibility of case dismissal and denialof litigation costs when the defendant cures its transgression in time may make citizensuits unattractive to the many citizen enforcers who depend on