ELR Citation: ELR 21444
No(s). 97-1246 (4th Cir. Jul 16, 1998)

The court vacates on mootness grounds a district court award of civil penalties in environmental groups' citizen suit against a company for Federal Water Pollution Control Act national pollution discharge elimination system violations. The groups appealed as inadequate the district court penalty determination, but did not appeal the district court's denial of declaratory and injunctive relief. The court holds that the groups fail the redressability requirement of standing. Because the groups did not appeal the denial of declaratory and injunctive relief, the only potential relief that may be available to redress their claimed injuries is a civil penalty that would be paid to the U.S. Treasury. Pursuant to Steel Co. v. Citizens for a Better Environment, 118 S. Ct. 1003, 28 ELR 20434 (1998), the action is moot because civil penalties payable to the government would not redress any injury the groups have suffered.

[Prior decisions in this litigation are published at 26 ELR 20457 and 27 ELR 20976.]

Counsel for Plaintiffs
Bruce J. Terris
Terris, Pravlik & Wagner
1121 12th St. NW, Washington DC 20005
(202) 682-2100

Counsel for Defendant
Donald A. Cockrill
Ogletree, Deakins, Nash, Smoak & Stewart
The Ogletree Bldg.
300 N. Main St., Greenville SC 29602
(864) 271-1300

Before Hamilton and Broadwater, JJ.