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FRIENDS OF EARTH, INC. v. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC.

No. 98-822.

528 U.S. 167 (2000)

FRIENDS OF THE EARTH, INC., et al. v. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC.

United States Supreme Court.

Decided January 12, 2000.

Attorney(s) appearing for the Case

Bruce J. Terris argued the cause for petitioners. With him on the briefs were Carolyn Smith Pravlik and James S. Chandler, Jr.

Jeffrey P. Minear argued the cause for the United States as amicus curiae in support of petitioners. With him on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Wallace, and David C. Shilton.

Donald A. Cockrill argued the cause for respondent. With him on the briefs were Stuart H. Newberger, Clifton S. Elgarten, Scott E. Gant, Henry H. Taylor, and Barbara J. Hamilton.*

Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Kennedy, Souter, and Breyer, JJ., joined. Stevens, J., p. 195, and Kennedy, J., p. 197, filed concurring opinions. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, p. 198.

Justice Ginsburg, delivered the opinion of the Court.

This case presents an important question concerning the operation of the citizen-suit provisions of the Clean Water Act. Congress authorized the federal district courts to entertain Clean Water Act suits initiated by "a person or persons having an interest which is or may be adversely affected." 33 U. S. C. §§ 1365(a), (g). To impel future compliance with the...

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