friends earth et al laidlaw environmental services toc argued october decided january laidlaw environmental services toc bought facility roebuck south carolina included wastewater treatment plant shortly thereafter south carolina department health environmental control dhec acting clean water act act granted laidlaw national pollutant discharge elimination system npdes permit permit authorized laidlaw discharge treated water north tyger river limited among things discharge pollutants waterway laidlaw began discharge various pollutants waterway discharges particularly mercury extremely toxic pollutant repeatedly exceeded limits set permit april friends earth citizens local environmental action network referred collectively along later joined sierra club foe notified laidlaw intention file citizen suit act expiration requisite notice period dhec acceded laidlaw request file lawsuit company last day foe notice period expired dhec laidlaw reached settlement requiring laidlaw pay civil penalties make every effort comply permit obligations june foe filed citizen suit laidlaw alleging noncompliance npdes permit seeking declaratory injunctive relief award civil penalties laidlaw moved summary judgment ground foe lacked article iii standing bring lawsuit examining affidavits deposition testimony members plaintiff organizations district denied motion finding plaintiffs standing district also denied laidlaw motion dismiss ground citizen suit barred dhec prior action company foe initiated suit district rendered judgment january laidlaw violated mercury discharge limitation permit times committed monitoring reporting violations issuing judgment district found laidlaw gained total economic benefit result extended period noncompliance permit mercury discharge limit nevertheless concluded civil penalty appropriate particular district found judgment total deterrent effect adequate forestall future violations given laidlaw reimburse plaintiffs significant amount legal fees incurred significant legal expenses declined order injunctive relief laidlaw lawsuit began achieved substantial compliance terms permit foe appealed amount district civil penalty judgment appeal denial declaratory injunctive relief fourth circuit vacated district order remanded instructions dismiss action assuming arguendo foe initially standing appellate held case become moot laidlaw complied terms permit plaintiffs failed appeal denial equitable relief citing steel citizens better environment reasoned remedy currently available foe civil penalties payable government redress injury foe suffered added foe failure obtain relief merits precluded recovery attorneys fees costs award available prevailing substantially prevailing party according laidlaw entire roebuck facility since permanently closed dismantled put sale discharges facility permanently ceased held fourth circuit erred concluding citizen suitor claim civil penalties must dismissed moot defendant commencement litigation come compliance npdes permit pp constitution limitation federal judicial authority art iii underpins standing mootness doctrine two inquiries differ crucial respects fourth circuit persuaded case become moot simply assumed foe initial standing see arizonans official english arizona concludes appeals erred mootness obligation assure foe article iii standing outset litigation pp foe article iii standing bring action held satisfy article iii standing requirements plaintiff must show injury fact causation redressability lujan defenders wildlife association standing bring suit behalf members members standing sue right interests stake germane organization purpose neither claim asserted relief requested requires individual members participation lawsuit hunt washington state apple advertising relevant showing article iii standing injury environment injury plaintiff insist former rather latter raise standing hurdle higher necessary showing success merits citizen npdes permit enforcement suit injury fact adequately documented affidavits testimony foe members asserting laidlaw pollutant discharges affiants reasonable concerns effects discharges directly affected affiants recreational aesthetic economic interests see sierra club morton submissions present dispositively mere general averments conclusory allegations found inadequate lujan national wildlife federation day intentions visit endangered species halfway around world held insufficient defenders wildlife pp laidlaw argues foe lacked standing seek civil penalties payable government penalties offer redress citizen plaintiffs plaintiff injured threatened injury due illegal conduct ongoing time suit sanction effectively abates conduct prevents recurrence provides form redress civil penalties fit description insofar encourage defendants discontinue current violations deter future ones afford redress citizen plaintiffs injured threatened injury result ongoing unlawful conduct need explore outer limits principle civil penalties provide sufficient deterrence support redressability civil penalties sought carried deterrent effect made likely opposed merely speculative penalties redress foe injuries district reasonably found assessed penalty steel co contrary case held private plaintiffs may sue assess penalties wholly past violations address standing seek penalties violations ongoing time complaint continue future undeterred see pp foe civil penalties claim automatically become moot company came substantial compliance permit defendant voluntary cessation challenged practice ordinarily deprive federal power determine legality practice city mesquite aladdin castle courts compelled leave defendant free return old ways thus standard determining whether case mooted defendant voluntary conduct stringent case might become moot subsequent events make absolutely clear allegedly wrongful behavior reasonably expected recur concentrated phosphate export heavy burden persuading challenged conduct reasonably expected recur lies party asserting mootness ibid appeals incorrectly conflated case law initial standing see steel case law mootness see city mesquite confusion understandable given repeated description mootness doctrine standing set time frame requisite personal interest must exist commencement litigation standing must continue throughout existence mootness arizonans careful reflection however reveals description mootness comprehensive example defendant claiming voluntary compliance moots case bears formidable burden contrast plaintiff burden lawsuit brought force compliance establish standing demonstrating unchecked litigation defendant allegedly wrongful behavior likely occur continue threatened injury certainly impending whitmore arkansas plain lesson circumstances prospect defendant engage resume harmful conduct may speculative support standing speculative overcome mootness mootness simply standing set time frame exception mootness acts capable repetition yet evading review exist see olmstead standing admits similar exception plaintiff lacks standing time action commences fact dispute capable repetition yet evading review entitle complainant federal judicial forum see steel standing doctrine ensures among things resources federal courts devoted disputes parties concrete stake yet time mootness issue abandonment case may prove wasteful frugal courts license retain jurisdiction cases one parties plainly lacks continuing interest see arizonans foregoing examples highlight important difference two doctrines see generally honig doe rehnquist concurring laidlaw argument foe doomed civil penalty claim mootness failing appeal denial injunctive relief misconceives statutory scheme district discretion determine form relief best suited abate current violations deter future ones see weinberger denial injunctive relief necessarily mean district concluded prospect future violations deter indeed meant thing case district denied injunctive relief expressly based award civil penalties need deterrence district properly may conclude injunction intrusive entail continuing burdensome superintendence permit holder activities federal see city mesquite laidlaw permit compliance facility closure might moot case one event made absolutely clear violations reasonably expected recur concentrated phosphate export assn disputed factual matters aired lower courts remain open consideration remand pp resolve foe argument entitled attorneys fees theory plaintiff prevailing party catalyst triggered favorable outcome although circuits divided continuing validity catalyst theory following farrar hobby premature address question district stayed time petition attorneys fees time appeal expired appeal resolved thus fourth circuit addressed availability counsel fees order either denying awarding fees district address first instance request reimbursement costs including fees pp reversed remanded ginsburg delivered opinion rehnquist stevens kennedy souter breyer joined stevens kennedy filed concurring opinions scalia filed dissenting opinion thomas joined friends earth incorporated et al petitioners laidlaw environmental services toc writ certiorari appeals fourth circuit january justice ginsburg delivered opinion case presents important question concerning operation provisions clean water act congress authorized federal district courts entertain clean water act suits initiated person persons interest may adversely affected impel future compliance act district may prescribe injunctive relief suit additionally alternatively may impose civil penalties payable treasury clean water act citizen suit us district determined injunctive relief inappropriate defendant institution litigation achieved substantial compliance terms discharge permit supp sc however assess civil penalty total deterrent effect penalty adequate forestall future violations reasoned taking account defendant required reimburse plaintiffs significant amount legal fees incurred significant legal expenses appeals vacated district order case became moot appellate declared defendant fully complied terms permit plaintiff failed appeal denial equitable relief ivil penalties payable government appeals stated redress injury plaintiffs suffered attorneys fees order appeals noted absent relief merits plaintiffs qualify prevailing parties reverse judgment appeals appellate erred concluding citizen suitor claim civil penalties must dismissed moot defendant albeit commencement litigation come compliance directing dismissal suit grounds mootness appeals incorrectly conflated case law initial standing bring suit see steel citizens better environment case law mootness see city mesquite aladdin castle defendant voluntary cessation allegedly unlawful conduct ordinarily suffice moot case appeals also misperceived remedial potential civil penalties penalties may serve alternative injunction deter future violations thereby redress injuries prompted citizen suitor commence litigation congress enacted clean water act act also known federal water pollution control act stat amended et seq section act provides issuance administrator environmental protection agency epa authorized national pollutant discharge elimination system npdes permits npdes permits impose limitations discharge pollutants establish related monitoring reporting requirements order improve cleanliness safety nation waters noncompliance permit constitutes violation act act suit enforce limitation npdes permit may brought citizen defined person persons interest may adversely affected sixty days initiating citizen suit however plaintiff must give notice alleged violation epa state alleged violation occurred alleged violator purpose notice alleged violator give opportunity bring complete compliance act thus render unnecessary citizen suit gwaltney smithfield chesapeake bay foundation accordingly held citizens lack statutory standing sue violations ceased time complaint filed act also bars citizen suing epa state already commenced diligently prosecuting enforcement action act authorizes district courts proceedings enter injunctions assess civil penalties payable treasury determining amount civil penalty district must take account seriousness violation violations economic benefit resulting violation history violations efforts comply applicable requirements economic impact penalty violator matters justice may require addition may award costs litigation including reasonable attorney expert witness fees prevailing substantially prevailing party whenever determines award appropriate laidlaw environmental services toc bought hazardous waste incinerator facility roebuck south carolina included wastewater treatment plant company since changed name roebuck simplicity refer laidlaw throughout shortly laidlaw acquired facility south carolina department health environmental control dhec acting granted laidlaw npdes permit authorizing company discharge treated water north tyger river permit became effective january placed limits laidlaw discharge several pollutants river including particular relevance case mercury extremely toxic pollutant permit also regulated flow temperature toxicity ph effluent facility imposed monitoring reporting obligations received permit laidlaw began discharge various pollutants waterway repeatedly laidlaw discharges exceeded limits set permit particular despite experimenting several technological fixes laidlaw consistently failed meet permit stringent ppb parts per billion daily average limit mercury discharges district later found laidlaw violated mercury limits occasions april friends earth foe citizens local environmental action network clean referred collectively opinion together later joined sierra club foe took preliminary step necessary institution litigation sent letter laidlaw notifying company intention file citizen suit act expiration requisite notice period june laidlaw lawyer contacted dhec ask whether dhec consider filing lawsuit laidlaw district later found laidlaw reason requesting dhec file lawsuit bar foe proposed citizen suit operation supp sc dhec agreed file lawsuit laidlaw company lawyer drafted complaint dhec paid filing fee june last day foe notice period expired dhec laidlaw reached settlement requiring laidlaw pay civil penalties make every comply permit obligations june foe filed citizen suit laidlaw act alleging noncompliance npdes permit seeking declaratory injunctive relief award civil penalties laidlaw moved summary judgment ground foe failed present evidence demonstrating injury fact therefore lacked article iii standing bring lawsuit record doc opposition motion foe submitted affidavits deposition testimony members plaintiff organizations record doc exhs record district also included affidavits organizations members submitted foe support earlier motion preliminary injunctive relief record doc exhs examining evidence district denied laidlaw summary judgment motion finding albeit slimmest margins foe standing bring suit app pp tr hearing june laidlaw also moved dismiss action ground citizen suit barred dhec prior action company appearing amicus curiae joined foe opposing motion extensive analysis settlement circumstances reached district held dhec action laidlaw diligently prosecuted consequently allowed foe citizen suit proceed record indicates foe initiated suit district rendered judgment laidlaw violated mercury discharge limitation permit times district also found laidlaw committed monitoring reporting violations period last recorded mercury discharge violation occurred january long complaint filed two years judgment rendered id january district issued judgment supp sc found laidlaw gained total economic benefit result extended period noncompliance mercury discharge limit permit id concluded however civil penalty adequate light guiding factors listed particular district stated lesser penalty appropriate taking account judgment total deterrent effect reaching determination considered laidlaw required reimburse plaintiffs significant amount legal fees declined grant foe request injunctive relief stating injunction inappropriate laidlaw substantial compliance parameters npdes permit since least august foe appealed district civil penalty judgment arguing penalty inadequate appeal denial declaratory injunctive relief laidlaw arguing among things foe lacked standing bring suit dhec action qualified diligent prosecution precluding foe litigation continued participate amicus curiae support foe july appeals fourth circuit issued judgment appeals assumed without deciding foe initially standing bring action went hold case become moot appellate stated first elements article iii standing injury causation redressability must persist every stage review else action becomes moot citing decision steel appeals reasoned case become moot remedy currently available foe civil penalties payable government redress injury foe suffered therefore vacated district order remanded instructions dismiss action appeals added foe failure obtain relief merits claims precludes recovery attorneys fees litigation costs award available prevailing substantially prevailing party quoting according laidlaw appeals issued decision granted certiorari entire incinerator facility roebuck permanently closed dismantled put sale discharges facility permanently ceased respondent suggestion mootness granted certiorari resolve inconsistency fourth circuit decision case decisions several courts appeals held defendant compliance permit commencement litigation moot claims civil penalties act see atlantic legal foundation stroh die casting cert denied natural resources defense council texaco rfg atlantic legal foundation pan american tanning atlantic legal foundation tyson foods ii constitution limitation federal judicial authority art iii underpins standing mootness jurisprudence two inquiries differ respects critical proper resolution case address separately appeals persuaded case become moot held simply assumed without deciding foe initial standing see arizonans official english arizona may assume without deciding standing exists order analyze mootness hold appeals erred declaring case moot obligation assure foe article iii standing outset litigation therefore address question standing turning mootness lujan defenders wildlife held satisfy article iii standing requirements plaintiff must show suffered injury fact concrete particularized actual imminent conjectural hypothetical injury fairly traceable challenged action defendant likely opposed merely speculative injury redressed favorable decision association standing bring suit behalf members members otherwise standing sue right interests stake germane organization purpose neither claim asserted relief requested requires participation individual members lawsuit hunt washington state apple advertising laidlaw contends first foe lacked standing outset even seek injunctive relief plaintiff organizations failed show members sustained faced threat injury fact laidlaw activities support contention laidlaw points district finding made course setting penalty amount demonstrated proof harm environment laidlaw mercury discharge violations see also ibid npdes permit violations issue citizen suit result health risk environmental relevant showing purposes article iii standing however injury environment injury plaintiff insist upon former rather latter part standing inquiry dissent essence post raise standing hurdle higher necessary showing success merits action alleging noncompliance npdes permit focusing properly injury plaintiff district found foe demonstrated sufficient injury establish standing app pp tr hearing june example foe member kenneth lee curtis averred affidavits lived laidlaw facility occasionally drove north tyger river looked smelled polluted like fish camp swim picnic near river miles downstream facility teenager concerned water polluted laidlaw discharges record doc exhs curtis reaffirmed statements extensive deposition testimony example testified like fish river specific spot used boy concerns laidlaw discharges ibid exh exh members presented evidence similar effect clean member angela patterson attested lived two miles facility laidlaw operated facility picnicked walked birdwatched waded along north tyger river natural beauty area longer engaged activities near river concerned harmful effects discharged pollutants husband like purchase home near river intend part laidlaw discharges record doc exh clean member judy pruitt averred lived mile laidlaw facility like fish hike picnic along north tyger river refrained activities discharges ibid exh foe member linda moore attested lived miles roebuck use north tyger river south roebuck land surrounding recreational purposes concerned water contained harmful pollutants record doc exhs deposition moore testified length hike picnic camp swim boat drive near river concerns illegal discharges ibid exh clean member gail lee attested home near laidlaw facility lower value similar homes located facility believed pollutant discharges accounted discrepancy record doc exh sierra club member norman sharp averred canoed approximately miles downstream laidlaw facility like canoe north tyger river closer laidlaw discharge point concerned water contained harmful pollutants ibid exh sworn statements district determined adequately documented injury fact held environmental plaintiffs adequately allege injury fact aver use affected area persons aesthetic recreational values area lessened challenged activity sierra club morton see also defenders wildlife course desire use observe animal species even purely esthetic purposes undeniably cognizable interest purposes decision lujan national wildlife federation contrary case environmental organization assailed bureau land management land withdrawal review program program covering millions acres alleging program illegally opened public lands mining activities defendants moved summary judgment challenging plaintiff organization standing initiate action administrative procedure act held plaintiff survive summary judgment motion merely offering averments state one organization members uses unspecified portions immense tract territory portions mining activity occurred probably occur virtue governmental action contrast affidavits testimony presented foe case assert laidlaw discharges affiant members reasonable concerns effects discharges directly affected affiants recreational aesthetic economic interests submissions present dispositively mere general averments conclusory allegations found inadequate national wildlife federation affiants conditional statements use nearby north tyger river recreation laidlaw discharging pollutants equated speculative day intentions visit endangered species halfway around world held insufficient show injury fact defenders wildlife los angeles lyons relied dissent post weigh standing case lyons held plaintiff lacked standing seek injunction enforcement police chokehold policy credibly allege faced realistic threat policy lyons cited dissent noted reasonableness lyons fear dependent upon likelihood recurrence allegedly unlawful conduct subjective apprehensions recurrence even take place enough support standing id contrast undisputed laidlaw unlawful conduct discharging pollutants excess permit limits occurring time complaint filed lyons subjective issue reasonableness fear led affiants respond concededly ongoing conduct refraining use north tyger river surrounding areas unlike dissent post see nothing improbable proposition company continuous pervasive illegal discharges pollutants river cause nearby residents curtail recreational use waterway subject economic aesthetic harms proposition entirely reasonable district found true case enough injury fact laidlaw argues next even foe standing seek injunctive relief lacked standing seek civil penalties asserted defect injury redressability civil penalties offer redress private plaintiffs laidlaw argues paid government therefore citizen plaintiff never standing seek laidlaw right insist plaintiff must demonstrate standing separately form relief sought see lyons notwithstanding fact plaintiff standing pursue damages lacked standing pursue injunctive relief see also lewis casey tanding dispensed wrong maintain citizen plaintiffs facing ongoing violations never standing seek civil penalties recognized numerous occasions civil penalties deterrent effect hudson see also department revenue mont kurth ranch specifically congress found civil penalties clean water act cases promote immediate compliance limiting defendant economic incentive delay attainment permit limits also deter future violations congressional determination warrants judicial attention respect legislative history act reveals congress wanted district consider need retribution deterrence addition restitution imposed civil penalties district may seek deter future violations basing penalty economic impact tull scarcely doubted plaintiff injured faces threat future injury due illegal conduct ongoing time suit sanction effectively abates conduct prevents recurrence provides form redress civil penalties fit description extent encourage defendants discontinue current violations deter committing future ones afford redress citizen plaintiffs injured threatened injury consequence ongoing unlawful conduct dissent argues availability rather imposition civil penalties deters particular polluter continuing pollute post argument misses mark two ways first overlooks interdependence availability imposition threat deterrent value unless credible carried second reasonable congress conclude actual award civil penalties fact bring significant quantum deterrence achieved mere prospect penalties polluter may may dissuaded existence remedy books defendant hit pocketbook surely think twice polluting recognize may point deterrent effect claim civil penalties becomes insubstantial remote support citizen standing fact vanishing point easy ascertain detract deterrent power penalties ordinary case justice frankfurter observations made different context nearly years ago hold true well effectuate policy adaptation means legitimately sought ends one intractable legislative problems whether proscribed conduct deterred qui tam action triple damages injunction criminal prosecution merely defense actions contract remedies combination matter within legislature range choice judgment deterrent effect various weapons armory law lay little claim scientific basis tigner texas case need explore outer limits principle civil penalties provide sufficient deterrence support redressability civil penalties sought foe carried deterrent effect made likely opposed merely speculative penalties redress foe injuries abating current violations preventing future ones district reasonably found assessed penalty laidlaw contends reasoning decision steel co directs conclusion citizen plaintiffs standing seek civil penalties act disagree steel established citizen suitors lack standing seek civil penalties violations abated time suit specifically noted case allegation complaint continuing imminent violation basis allegation appeared exist see also gwaltney harm sought addressed citizen suit lies present future past short steel held private plaintiffs unlike federal government may sue assess penalties wholly past violations decision case reach issue standing seek penalties violations ongoing time complaint continue future undeterred satisfied foe standing article iii bring action turn question mootness conceivable basis finding mootness case laidlaw voluntary conduct either achievement august substantial compliance npdes permit recent shutdown roebuck facility well settled defendant voluntary cessation challenged practice deprive federal power determine legality practice city mesquite courts compelled leave defendant free return old ways citing grant accordance principle standard announced determining whether case mooted defendant voluntary conduct stringent case might become moot subsequent events made absolutely clear allegedly wrongful behavior reasonably expected recur concentrated phosphate export heavy burden persua ding challenged conduct reasonably expected start lies party asserting mootness ibid appeals justified mootness disposition reference steel held citizen plaintiffs lack standing seek civil penalties wholly past violations relying steel appeals confused mootness standing confusion understandable given repeated statements doctrine mootness described doctrine standing set time frame requisite personal interest must exist commencement litigation standing must continue throughout existence mootness arizonans official english quoting parole geraghty turn quoting monaghan constitutional adjudication yale internal quotation marks omitted careful reflection exceptions mootness however reveals description mootness standing set time frame comprehensive noted defendant claiming voluntary compliance moots case bears formidable burden showing absolutely clear allegedly wrongful behavior reasonably expected recur concentrated phosphate export assn contrast lawsuit brought force compliance plaintiff burden establish standing demonstrating unchecked litigation defendant allegedly wrongful behavior likely occur continue threatened injury certainly impending whitmore arkansas citations internal quotation marks omitted thus lyons already noted held plaintiff lacked initial standing seek injunction enforcement police chokehold policy credibly allege faced realistic threat arising policy elsewhere opinion however noted citywide moratorium police chokeholds action surely diminished already slim likelihood particular individual choked police mooted otherwise valid claim injunctive relief moratorium terms permanent plain lesson cases circumstances prospect defendant engage resume harmful conduct may speculative support standing speculative overcome mootness furthermore mootness simply standing set time frame exception mootness arises defendant allegedly unlawful activity capable repetition yet evading review exist example mentally disabled patient files lawsuit challenging confinement segregated institution postcomplaint transfer program moot action olmstead slip despite fact lacked initial standing filed complaint transfer standing admits similar exception plaintiff lacks standing time action commences fact dispute capable repetition yet evading review entitle complainant federal judicial forum see steel mootness exception disputes capable repetition yet evading review revive dispute became moot action quoting renne geary acknowledged distinction mootness standing recently steel argues injunctive relief constitute remediation presumption future injury defendant voluntarily ceased illegal activity response litigation even occurs complaint filed makes sword shield presumption government refers applied refute assertion mootness defendant sued complaint alleges present threatened injury ceases activity immense unacceptable stretch call presumption service substitute allegation present threatened injury upon initial standing must based standing doctrine functions ensure among things scarce resources federal courts devoted disputes parties concrete stake contrast time mootness issue case brought litigated often years abandon case advanced stage may prove wasteful frugal argument sunk costs license courts retain jurisdiction cases one parties plainly lacks continuing interest parties settled plaintiff pursuing nonsurviving claim died see defunis odegaard per curiam challenge constitutionality law school admissions process mooted plaintiff admitted pursuant preliminary injunction neared graduation defendant law school conceded matter ordinary school policy plaintiff allowed finish final term arizonans challenge state constitutional amendment declaring english official language state became moot plaintiff state employee sought use bilingual skills left state employment argument surely highlights important difference two doctrines see generally honig doe rehnquist concurring brief laidlaw appears argue regardless effect laidlaw compliance foe doomed civil penalty claim mootness failing appeal district denial injunctive relief brief respondent argument misconceives statutory scheme district discretion determine form relief best suited particular case abate current violations deter future ones federal judge sitting chancellor mechanically obligated grant injunction every violation law weinberger denial injunctive relief necessarily mean district concluded prospect future violations civil penalties deter indeed meant thing case district denied injunctive relief expressly based award civil penalties need deterrence see dissent notes post federal courts aim ensure framing relief broader required precise facts schlesinger reservists comm stop war accordance aim district clean water act citizen suit properly may conclude injunction excessively intrusive remedy entail continuing superintendence permit holder activities federal process burdensome permit holder alike see city mesquite although defendant voluntary cessation challenged practice moot case uch abandonment important factor bearing question whether exercise power enjoin defendant renewing practice laidlaw also asserts supplemental suggestion mootness closure roebuck facility took place appeals issued decision mooted case facility closure like laidlaw earlier achievement substantial compliance permit requirements might moot case reiterate one events made absolutely clear laidlaw permit violations reasonably expected recur concentrated phosphate export assn effect laidlaw compliance facility closure prospect future violations disputed factual matter foe points example laidlaw appear contest laidlaw retains npdes permit issues aired lower courts remain open consideration remand foe argues entitled attorneys fees theory plaintiff prevailing party purposes catalyst triggered favorable outcome decision review appeals noted circuit precedent construed decision farrar hobby require rejection theory citing state bd ed en banc cf foreman dallas county stating dicta fter farrar continuing validity catalyst theory serious doubt farrar acknowledged civil rights plaintiff awarded nominal damages may prevailing party case involved catalytic effect recognizing issue presented decision farrar several courts appeals expressly concluded farrar repudiate catalyst theory see marbley bane baumgartner harrisburg housing authority zinn shalala little rock school dist pulaski county special sch kilgour pasadena beard teska morris west palm beach courts appeals likewise continued apply catalyst theory notwithstanding farrar paris dept housing urban development citizens tax waste westerville city school premature however us address continuing validity catalyst theory context case district order separate one imposed civil penalties laidlaw stayed time petition attorneys fees time appeal expired either party appealed appeal resolved see describing order staying time attorneys fees petition opinion accompanying order penalties district stated considered laidlaw required reimburse plaintiffs significant amount legal fees referred potential fee awards thus appeals addressed availability counsel fees case order either denying awarding fees district address first instance request reimbursement costs including fees reasons stated judgment appeals fourth circuit reversed case remanded proceedings consistent opinion ordered friends earth incorporated et al petitioners laidlaw environmental services toc writ certiorari appeals fourth circuit january ustice tevens concurring although identified sufficient reason rejecting appeals mootness determination important also note case moot even absolutely clear respondent gone business posed threat future permit violations district entered valid judgment requiring respondent pay civil penalty conduct respondent retroactively invalidate judgment record voluntary compliance justify decision injunctive relief unnecessary even decision claim injunctive relief moot warrant vacation valid money judgment furthermore petitioners claim civil penalties moot even absolutely clear respondent violations reasonably expected recur respondent achieved substantial compliance permit requirements petitioners filed complaint district entered judgment courts appeals uniformly concluded polluter voluntary cessation alleged violation moot claim civil penalties even sufficient moot related claim injunctive declaratory relief conclusion consistent structure clean water act attaches liability civil penalties time permit violation occurs person violates certain provisions act certain permit conditions limitations shall subject civil penalty also consistent character civil penalties purposes mootness analysis equated punitive damages rather injunctive declaratory relief see tull one contends defendant conduct moot claim punitive damages civil penalties treated way cases cited discussion mootness issue involved requests injunctive declaratory relief one los angeles lyons plaintiff seek damages case opinion makes clear inability obtain injunctive relief impact damages claim precedent either jurisprudence aware provides support suggestion factual developments might moot claim injunctive declaratory relief either moot claim monetary relief retroactively invalidate valid money judgment friends earth incorporated et al petitioners laidlaw environmental services toc writ certiorari appeals fourth circuit january ustice ennedy concurring difficult fundamental questions raised ask whether exactions public fines private litigants delegation executive power might inferable authorization permissible view responsibilities committed executive article ii constitution questions presented petition certiorari identify issues particularity neither appeals deciding case parties briefing devoted specific attention subject view matters best reserved later case observation join opinion friends earth incorporated et al petitioners laidlaw environmental services toc writ certiorari appeals fourth circuit january justice scalia justice thomas joins dissenting begins analysis finding injury fact basis vague affidavits undermined district express finding laidlaw discharges caused demonstrable harm environment proceeds marry private wrong public remedy union violates traditional principles federal standing thereby permitting law enforcement placed hands private individuals finally suggests avoid mootness one needs even less stake outcome requirements initial standing dissent plaintiffs parties invoking federal jurisdiction burden proof persuasion existence standing lujan defenders wildlife hereinafter lujan dallas plaintiffs case fell far short carrying burden demonstrating injury fact cites affiants testimony asserting enjoyment north tyger river diminished due concern water polluted believed laidlaw mercury exceedances reduced value homes ante averments alone carry plaintiffs burden demonstrating suffered concrete particularized injury lujan general allegations injury may suffice pleading stage summary judgment plaintiffs must set forth specific facts support claims id case proceeded judgment specific facts must supported adequately evidence adduced trial ibid quoting gladstone realtors village bellwood case affidavits woefully short specific facts vague allegations injury make undermined evidence adduced trial typically environmental plaintiff claiming injury due discharges violation clean water act argues discharges harm environment harm environment injures route injury barred present case however since district concluded considering evidence demonstrated proof harm environment supp sc permit violations issue citizen suit result health risk environmental harm ibid available data fail show laidlaw actual discharges resulted harm north tyger river id overall quality river exceeds levels necessary support recreation water id finds conclusions unproblematic standing relevant showing purposes article iii standing injury environment injury plaintiff ante statement correct far goes certainly held demonstration harm environment enough satisfy requirement unless plaintiff demonstrate personally harmed lujan supra normal course however lack demonstrable harm environment translate plainly lack demonstrable harm citizen plaintiffs perhaps possible plaintiff harmed even though environment plaintiff burden articulating demonstrating nature injury ongoing concerns environment enough reality threat repeated injury relevant standing inquiry plaintiff subjective apprehensions los angeles lyons least present case one expect see evidence supporting affidavits bald assertions regarding decreasing recreational usage declining home values well evidence improbable proposition laidlaw violations even though harmless environment somehow responsible effects cf gladstone supra noting standing established convincing evidence decline real estate values attributable defendant conduct plaintiffs made attempt showing rely entirely upon unsupported unexplained affidavit allegations concern indeed every one affiants deposed laidlaw cast doubt event inadequate proposition subjective concerns actually affected conduct linda moore example said affidavit use affected waterways recreation concern pollution record doc exhs yet testified deposition river twice visited someone lived river suit filed record doc moore deposition similarly kenneth lee curtis claimed injured deprived recreational activity river admitted river since kid curtis deposition pt asked whether reason stopped visiting river pollution answered id curtis claim river looke smell ed polluted condition present surely caused laidlaw discharges according district result health risk environmental harm affiants cited deposed affidavits state either use river polluted harmful subsequently found record doc exhs said river looks polluted also incompatible findings ibid exh affiants established nothing subjective apprehensions correct district explicitly found standing albeit slimmest margins awfully close call app tr hearing june cautious finding however made long conclusion laidlaw discharges harm environment previously recognized initial conclusion plaintiffs standing subject reexamination particularly later evidence proves inconsistent conclusion gladstone wyoming oklahoma laidlaw challenged existence injury fact appeal fourth circuit reach question thus lower reviewed issue light extensive studies led district conclude environment harmed laidlaw discharges inexplicably untroubled proceeds find injury fact casual fashion though merely confirming careful analysis made although previously refused find standing based conclusory allegations affidavit lujan national wildlife federation content today accepting plaintiffs vague contradictory unsubstantiated allegations concern environment adequate prove injury fact accepting even face finding environment demonstrably harmed makes requirement sham permit violations member plaintiff environmental organization lives near offending plant difficult satisfy today lenient standard ii treatment redressability requirement unnecessary resolved question correctly equally cavalier discussed petitioners allege ongoing injury consisting diminished enjoyment affected waterways decreased property values allege injuries caused laidlaw continuing permit violations remedy petitioners seek neither recompense injuries injunction future violations instead remedy statutorily specified penalty past violations payable entirely treasury last term held penalties redress injury citizen plaintiff suffered past violations steel citizens better environment nonetheless finds redressability requirement satisfied distinguishing steel co ground case petitioners allege ongoing violations payment penalties says remedy petitioners injury deterring future violations laidlaw ante holds penalty payable public remedies threatened private harm suffices sustain private suit holding precedent jurisprudence takes beyond cases controversies article iii constitution entrusted resolution even appropriate moreover allow article iii remediation requirement satisfied indirect private consequences public penalty consequences entirely speculative present case new standing law makes like expansions standing beyond traditional constitutional limits grave implications democratic governance shall discuss three points turn linda richard plaintiff mother illegitimate child sought behalf child others similarly situated injunction discriminatory application art texas penal code although provision made misdemeanor parent refuse support minor children years age enforced married parents refusal plaintiff contended deprived child equal protection law denying deterrent effect statute upon father failure fulfill support obligation held article iii standing direct relationship said alleged injury claim sought adjudicated since prospect prosecution least future result payment support best termed speculative id cases demonstrate american jurisprudence least private citizen lacks judicially cognizable interest prosecution nonprosecution another id although linda recited logical nexus analysis flast cohen since fallen desuetude clear standing denied unlikelihood relief requested redress appellant claimed injury duke power carolina environmental study group logical nexus nonenforcement statute linda failure receive support payments prospect prosecution result payment support speculative linda supra say uncertain whether relief prevent injury course precisely situation exists principle american jurisprudence private citizen lacks judicially cognizable interest prosecution nonprosecution another applies less prosecution civil penalties payable state prosecution criminal penalties owing state opinion reads though purpose effect redressability requirement assure plaintiff receive benefit relief orders federal tort plaintiff fearing repetition injury ask tort damages paid victims well theory damages least deterrent effect beneficial suit preposterous remediation traditional business courts relief specifically tailored plaintiff injury sort relief incidental benefit plaintiff generalized grievance affects entire citizenry satisfy requirement even though aggrieves plaintiff along everyone else see lujan also generalized remedy deters future unlawful activity persons satisfy remediation requirement even though deters among things repetition particular unlawful activity particular plaintiffs thus relief prospective harm traditionally afforded way injunction scope limited scope threatened injury lewis casey lyons seeking overturn tradition giving individual plaintiff power invoke public remedy congress done precisely said convert undifferentiated public interest individual right vindicable courts lujan supra steel sort scattershot redress approved today makes nonsense statement schlesinger reservists comm stop war requirement injury fact insures framing relief broader required precise facts claim particularized future injury today made vehicle pursuing generalized penalties past violations threshold showing injury fact become lever move world discussed view plaintiff desire benefit deterrent effect public penalty past conduct never suffice establish case controversy sort known law deterrent effect speak speculative matter law even however deterrent effect present case surely speculative matter fact recognizes course satisfy article iii must likely opposed merely speculative favorable decision redress plaintiffs injury lujan supra see ante recognizes deterrent effects civil penalties meet standard though declines explore outer limits adequate deterrence ante concludes however present case civil penalties sought foe carried deterrent effect satisfied likely rather speculative standard ibid little opinion explain believes cites district conclusion penalties imposed along anticipated fee awards provided adequate deterrence ante absolutely reason believe however meant deterrence adequate prevent injury plaintiffs otherwise occur statute even mention deterrence general much less deterrence future harm particular plaintiff one elements consider fixing amount penalty element come last residual category matters justice may require statute require consider seriousness violation violations economic benefit resulting violation history violations efforts comply applicable requirements economic impact penalty violator ibid see district meticulously discussed subsections portion opinion entitled civil penalty one specified factors subsection entitled matters justice may require discussed laidlaw failure avail reopener clause recent compliance history mercury limit mention whatever portion opinion anywhere else degree deterrence necessary prevent future harm particular plaintiffs indeed neither district final opinion contains adequate deterrence statement earlier opinion dealing preliminary question whether south carolina previous lawsuit laidlaw constituted diligent prosecution bar citizen suit see displayed awareness deterrence future injury plaintiffs necessary support standing district earlier opinion however quote approval passage district case began civil penalties seek deter pollution discouraging future violations serve function amount civil penalty must high enough insure polluters simply absorb penalty cost business app quoting pirg powell duffryn terminals supp nj district concluded civil penalty section opinion statement aken together believes penalty potential fee awards laidlaw direct indirect litigation expenses provide adequate deterrence circumstances case obviously harking back general statement statutorily prescribed factors justice may require factors case include particularized even generalized deterrence designed achieve meant believed civil penalty prescribed met statutory standards points previously said civil penalties deterrent effect ante quoting hudson unquestionably true general matter polluters class deterred violating discharge limits availability civil penalties however none cases cites focused deterrent effect single imposition penalties particular lawbreaker even less focus question whether particularized deterrent effect enough redress injury citizen plaintiff sense required article iii involved penalties pursued government citizens see hudson supra department revenue mont kurth ranch tull undertaken necessary inquiry whether significant deterrence plaintiffs feared injury likely reason something like strictly speaking polluter deterred penalty past pollution deterred fear penalty future pollution fear virtually nonexistent prospective polluter knows emissions violators given free pass substantial emissions program federal scheme regularly notoriously enforced even higher prospective polluter subject regularly enforced program object public charges pollution suit injunction surely near top graph prospective polluter already subjected state penalties past pollution deterrence plaintiffs must rely standing present case marginal increase laidlaw fear future penalties achieved adding federal penalties laidlaw past conduct say certain marginal increase zero say certain entirely speculative whether make difference plaintiffs suffering injury future plaintiffs going unharmed fact assertion likely entirely farfetched speculativeness result much greater speculativeness found excessive simon eastern ky welfare rights organization held denying tax status hospitals refused treat indigents sufficiently likely assure future treatment indigent plaintiffs support standing much greater speculativeness found excessive linda richard discussed supra said prospect prosecution nonsupport result payment support best termed speculative sum case suggests within central core deterrence standing impossible imagine outer limits possibly expressed reluctance define outer limits serves disguise fact promulgated revolutionary new doctrine standing permit entire body public civil penalties handed enforcement private interests article ii constitution commits president take care laws faithfully executed art ii provides specific methods persons exercising significant executive power appointed art ii justice kennedy concurrence correctly observes question conformity legislation article ii argued like address article iii less article ii consequences structure government see schlesinger worth noting changes structure today decision allows permitting citizens pursue civil penalties payable federal treasury act provide mechanism individual relief traditional sense turns private citizens function enforcing law clean water act plaintiff pursuing civil penalties acts often case plaintiff national association significant discretion choosing enforcement targets association aware reported violation need look long injured member least theory injury applies today see supra target chosen suit goes forward without meaningful public control availability civil penalties vastly disproportionate individual injury gives citizen plaintiffs massive bargaining power often used achieve settlements requiring defendant support environmental projects plaintiffs choosing see greve private enforcement environmental law tulane rev thus public fine diverted private interest sure epa may foreclose citizen suit bringing suit allows public authorities avoid private enforcement accepting private direction enforcement undertaken less constitutionally bizarre elected officials entirely deprived discretion decide given violation object suit enforcement decision postponed see providing citizen plaintiff need wait days giving notice violation government proceeding action predictable inevitable consequence allowing use public remedies private wrongs iii finally offer comments regarding discussion whether foe claims became moot reason laidlaw substantial compliance permit limits disagree conclusion reaches assuming plaintiffs standing pursue civil penalties first instance claim might well mooted laidlaw voluntary compliance permit leaving question open consideration remand ante seems sensible reaching disposition however engages troubling discussion purported distinctions doctrines standing mootness frankly puzzled discussion appears laidlaw claimed compliance squarely within bounds voluntary cessation doctrine basis remand ante reason engage interesting academic excursus upon differences mootness standing order invoke obviously applicable rule discussion essential indeed even relevant decision limited significance nonetheless troubled retreat characterization mootness doctrine standing set time frame arizonans official english arizona repeatedly recognized required litigation continue essentially identical required litigation begin must justiciable case controversy required article iii simply stated case moot issues presented longer live parties lack legally cognizable interest outcome powell mccormack may proceed hear action subsequent initiation dispute loses character present live controversy kind must exist avoid advisory opinions abstract propositions law hall beals per curiam see also preiser newkirk steffel thompson requirement continuing case controversy derives constitution liner jafco may ignored inconvenient alaska moot question decided owever convenient might suggests save sunk costs compare ante lewis continental bank easonable caution needed sure mooted litigation pressed forward solely order obtain reimbursement sunk costs true mootness added wrinkles standing lacks one voluntary cessation doctrine refers inaccurate regard reduction basic requirement standing obtained beginning suit genuine controversy must exist stages initial suit brought way suit declaratory judgment defendant actually violated plaintiff alleged rights also initial suit continued even though defendant stopped violating plaintiff alleged rights voluntary cessation doctrine nothing evidentiary presumption controversy reflected violation alleged rights continues exist steel similarly fact find cases moot challenged conduct capable repetition yet evading review demonstrate requirements mootness standing differ conduct ceased time demonstrated probability recur controversy parties personal stake outcome continues exist honig doe scalia dissenting emphasis omitted part confusion discussion engendered fact compares standing one hand mootness based voluntary cessation hand ante required showing absolutely clear conduct reasonably expected recur threshold showing required mootness heightened showing required particular category cases sensibly concluded reason skeptical cessation violation means cessation live controversy claims mootness based changes circumstances voluntary cessation showing required less taxing inquiry indeed properly characterized one standing set time frame see arizonans supra case mooted plaintiff change jobs deprived case still vital claim prospective relief spencer kemna case mooted petitioner completion sentence since throughout litigation plaintiff must suffered threatened actual injury traceable defendant likely redressed favorable judicial decision internal quotation marks omitted lewis supra case state mooted change federal law eliminated parties personal stake outcome sum may correct parallel standing mootness imperfect due realistic evidentiary presumptions nature applicable mootness context change underlying principle requisite personal interest must exist commencement litigation must continue throughout existence arizonans supra quoting parole geraghty uncritically accepting vague claims injury turned article iii requirement injury fact mere pleading requirement lujan approving novel theory public penalties redress anticipated private wrongs come close mak ing redressability requirement vanish steel supra undesirable unconstitutional consequence today decision place immense power suing enforce public laws private hands respectfully dissent footnotes district noted laidlaw drafted complaint settlement agreement filed lawsuit paid filing fee settlement agreement dhec laidlaw entered unusual haste without giving plaintiffs opportunity intervene ibid found persuasive fact imposing civil penalty laidlaw dhec failed recover even calculate economic benefit laidlaw received complying permit dissent suggests little deterrent work civil penalties case lawsuit brought laidlaw dhec already pushed level deterrence near top graph post suggestion ignores district specific finding penalty agreed laidlaw dhec far low remove laidlaw economic benefit noncompliance thus inadequate deter future violations supp sc begins look especially farfetched one recalls laidlaw prompted dhec lawsuit paid filing fee drafted complaint see supra tigner rejected equal protection challenge statutory provision exempting agricultural producers reach texas antitrust laws insisting redressability requirement met dissent relies heavily linda richard reliance sorely misplaced linda mother child filed suit force district attorney bring criminal prosecution absentee father failure pay child support finding mother lacked standing seek extraordinary remedy drew attention special status criminal prosecutions system carefully limited holding unique context challenge criminal statute furthermore redressability relief sought linda prosecution successful automatically land delinquent father jail fixed term predictably negative effects earning power scarcely remedy plaintiff lack child support payments regard contrasted civil contempt model whereby defendant keeps keys jail pocket may released whenever complies legal obligations ibid dissent contention post precisely situation exists linda say least extravagant putting aside mistaken reliance linda dissent broader charge citizen suits civil penalties act carry grave implications democratic governance post seems us overdrawn certainly federal executive branch share dissent view suits dissipate authority enforce law fact department justice endorsed citizen suit outset submitting amicus briefs support foe district appeals see supra already noted supra federal government retains power foreclose citizen suit undertaking action executive branch opposes particular citizen suit statute allows administrator epa intervene matter right bring government views attention course mean sunk costs judicial system litigants lewis continental bank cited dissent post dealt latter noting courts use caution avoid carrying forward moot case solely vindicate plaintiff interest recovering attorneys fees note far clear vacatur district judgment appropriate response finding mootness appeal brought voluntary conduct party lost district see bancorp mortgage bonner mall partnership mootness attributable voluntary act nonprevailing party ordinarily justify vacatur judgment review see also walling james reuter footnotes comfort lake assn dresel contracting atlantic legal foundation stroh die casting cert denied natural resources defense council texaco refining atlantic legal foundation pan tanning atlantic legal foundation tyson foods chesapeake bay foundation gwaltney smithfield cf powell mccormack several forms relief requested one requests subsequently becomes moot still considered remaining requests footnotes decision linda turn today opinion imaginatively suggests father inability pay support imprisoned ante comment upon imprisonment unlike imprisonment civil contempt condition father release upon payment continued prospect prosecution least future upon completion imprisonment result payment support best termed speculative linda points government allowed intervene citizen suit see ante power bring government views attention ante meager substitute power decide whether prosecution occur indeed according chief executive ability intervene place par john public intervene whether government likes files suit observes federal executive branch share dissent view suits dissipate authority enforce law since endorsed citizen suit outset ante course doubtful cases long uninterrupted history presidential acquiescence approval shed light upon constitutional understanding acquiescence approval single administration deserve passing mention addition compliance issues also remains open remand question whether current suit foreclosed earlier suit state diligently prosecuted see nothing opinion disposes issue opinion notes district finding laidlaw played significant role facilitating state action ante incompatibility whatever defendant facilitation suit state diligent prosecution prosecutions felons confess crimes turn regularly demonstrate laidlaw entirely within rights prefer state suit private enforcement action preference prudent given state must act within days receiving notice citizen suit see given number cases state agencies handle laidlaw make sure case fall cracks south carolina interest action feigned last minute contrivance worked laidlaw resolving problem many years previously undertaken administrative enforcement action resulting consent order supp sc south carolina filed amicus brief arguing allowing citizen suits proceed despite ongoing state enforcement efforts provide citizens federal judges opportunity relitigate enforcement permitting actions south carolina brief south carolina amicus curiae unlike justice stevens concurrence opinion appears recognize claim civil penalties moot clear future injury plaintiff hands defendant occur concurrence suggests civil penalties like traditional damages remedies mooted absence threatened injury analogy inapt traditional money damages payable compensate harm past conduct subsists whether future harm threatened civil penalties privately assessable according deter threatened future harm plaintiff threat plaintiff claim deterrence proposition impossibility future violation moot case holds true course suits government rest upon theory particular future harm prevented attempts frame exposition corrective fourth circuit claims confused mootness standing ante fourth circuit conclusion nonjusticiability rested upon belief entirely correct view remedy pursued appeal civil penalties redress foe claimed injury might characterized conclusion foe standing pursue civil penalties outset also characterized fourth circuit conclusion foe declined appeal denial declaratory judgment injunction appealed inadequacy civil penalties standing pursue case whole became moot given erroneous conclusion civil penalties redress private injury course rejects formulations neither necessitates academic discourse comparing mootness standing doctrines