Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The full case caption appears at the end of this opinion.

Easterbrook, Circuit Judge. The Steel Companymissed reporting deadlines established by theEmergency Planning and Community Right-To-KnowAct, 42 U.S.C. sec.sec. 11001-50. Notified of itsdefault by Citizens for a Better Environment(CBE), The Steel Company quickly furnished allrequired documents. Nonetheless CBE filed suitunder the Act’s citizen-suit provision. 42 U.S.C.sec.11046(a)(1). The Act authorizes a civilpenalty of $25,000 per day per report fortardiness, 42 U.S.C. sec.11045(c), and by thecomplaint’s calculations The Steel Company couldhave owed more than $537 million. The SteelCompany replied that CBE is not entitled to pursuesuch a claim. A panel of this court rejected thisargument without discussing CBE’s standing, 90F.3d 1237 (7th Cir. 1996), but the Supreme Courtunanimously reversed. Steel Co. v. Citizens fora Better Environment, 523 U.S. 83 (1998). SixJustices concluded that, even if delay indisclosure injured CBE, that injury could not beredressed given that any civil penalty would bepaid to the United States rather than a privateplaintiff; CBE therefore lacks a justiciablecontroversy with The Steel Company. 523 U.S. at102-10. Three Justices concluded that Congresshas authorized citizen suits only if thelitigation begins before the firm files allrequired reports; these three did not decidewhether CBE has standing. Id. at 131-34 (Stevens,J., joined by Souter & Ginsburg, JJ.).

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

African Legal Awards (AFLA) 2022

September 02, 2022

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

China Law & Practice Awards (CLPA) 2022

September 08, 2022

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.

Learn More

Texas Legal Awards (TXLA) 2022

September 14, 2022
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.

Learn More

Litigation Associate

A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...

Apply Now ›

Plaintiff Personal Injury/Medical Malpractice Paralegal

New Haven law firm has an immediate opening for an experienced Plaintiff Personal Injury/Medical Malpractice Paralegal for a litigation prac...

Apply Now ›


Cornell, Merlino, McKeever & Osborne, LLC, a boutique 10 attorney law firm specializing in school law, and located in Westfield, New Jer...

Apply Now ›



Montgomery McCracken Walker & Rhoads LLP wants to announce the Happy Retirement, Honorable Joel Rosen!

View Announcement ›



DEASEY MAHONEY & VALENTINI LTD is proud to announce that Lauren M. Steins and Leanna B. Ruotanen have been named Partners of the firm.

View Announcement ›



Parrett, Porto, Parese & Colwell, P.C. welcomes attorneys Alison L. Broad and Andrew I. Schaffer as principals of the firm.

View Announcement ›