STEEL CO., aka CHICAGO STEEL & PICKLING CO.
v.
CITIZENS FOR A BETTER ENVIRONMENT
United States Supreme Court.https://leagle.com/images/logo.png
Argued October 6, 1997.
Decided March 4, 1998.
Attorney(s) appearing for the Case
Sanford M. Stein argued the cause for petitioner. With him on the briefs was Leo P. Dombrowski.
David A. Strauss argued the cause for respondent. With him on the brief were James D. Brusslan and Stefan A. Noe.
Irving L. Gornstein argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Schiffer, Deputy Solicitor General Wallace, James A. Feldman, Edward J. Shawaker, and Mark R. Haag.*
Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined, and in which Breyer, J., joined as to Parts I and IV. O'Connor, J., filed a concurring opinion, in which Kennedy, J., joined, p. 110. Breyer, J., filed an opinion concurring in part and concurring in the judgment, p. 111. Stevens, J., filed an opinion concurring in the judgment, in which Souter, J., joined as to Parts I, III, and IV, and Ginsburg, J., joined as to Part III, p. 112. Ginsburg, J., filed an opinion concurring in the judgment, p. 134.
United States Supreme Court.
Justice Scalia, delivered the opinion of the Court.
This is a private enforcement action under the citizen-suit provision of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA), 100 Stat. 1755, 42 U. S. C. § 11046(a)(1). The case presents the merits question, answered in the affirmative by the United States Court of Appeals for the Seventh Circuit, whether EPCRA authorizes suits for purely past violations...
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