gwaltney
chesapeake
bay
foundation
argued
october
decided
december
section
clean
water
act
authorizes
private
citizens
commence
civil
action
injunctive
relief
imposition
civil
penalties
federal
district
person
alleged
violation
conditions
national
pollutant
discharge
elimination
system
npdes
permit
petitioner
repeatedly
violated
conditions
npdes
permit
exceeding
authorized
effluent
limitations
however
due
installation
new
equipment
petitioner
last
reported
violation
occurred
may
nevertheless
june
given
notice
intent
sue
petitioner
environmental
protection
agency
epa
state
authorities
required
act
respondents
filed
suit
alleging
petitioner
violated
continue
violate
npdes
permit
district
denied
petitioner
motion
dismissal
action
want
jurisdiction
act
rejecting
contention
alleged
violation
language
requires
defendant
violating
act
time
suit
holding
alternative
respondents
satisfied
jurisdictional
requirements
complaint
alleged
good
faith
petitioner
continuing
violate
permit
time
suit
filed
appeals
affirmed
agreeing
district
authorizes
suits
basis
wholly
past
violations
finding
unnecessary
rule
district
alternative
holding
held
section
confer
federal
jurisdiction
citizen
suits
wholly
past
violations
pp
although
violation
language
without
ambiguity
natural
reading
language
requirement
allege
state
either
continuous
intermittent
violation
reasonable
likelihood
past
polluter
continue
pollute
future
contention
congress
failure
choose
statutory
language
looked
past
simply
result
careless
accident
unpersuasive
since
citizen
suit
provisions
several
environmental
statutes
authorize
prospective
relief
use
language
identical
statutory
provisions
demonstrate
congress
knows
avoid
prospective
implications
using
language
explicitly
targets
wholly
past
violations
also
untenable
argument
since
epa
compliance
order
provisions
act
use
language
parallel
violation
phrase
since
incorporated
reference
epa
civil
enforcement
provisions
since
epa
may
bring
enforcement
actions
recover
civil
penalties
wholly
past
violations
citizens
may
maintain
actions
section
authorizes
equitable
relief
imposition
civil
penalties
separate
distinct
provisions
including
provides
civil
penalties
contain
language
parallel
contrast
reference
civil
penalties
injunctive
relief
sentence
suggests
connection
two
remedies
supports
conclusion
citizens
may
seek
civil
penalties
suit
brought
enjoin
otherwise
abate
ongoing
violation
pp
language
structure
rest
citizen
suit
provisions
make
plain
harm
sought
addressed
suit
lies
present
future
rather
past
particularly
light
pervasive
undeviating
use
present
tense
throughout
conclusion
render
gratuitous
notice
provision
purpose
give
alleged
violator
opportunity
bring
complete
compliance
act
thus
make
citizen
suit
unnecessary
moreover
bar
citizen
suits
governmental
enforcement
action
way
suggests
citizen
suit
meant
supplement
supplant
governmental
action
supplemental
role
undermined
citizen
suits
wholly
past
violations
permitted
since
suit
might
intrude
upon
governmental
discretion
enforce
act
public
interest
pp
act
legislative
history
indicates
suits
intended
abate
pollution
enjoin
continuous
intermittent
violations
remedy
wholly
past
violations
pp
section
confers
citizen
suit
jurisdiction
federal
district
courts
plaintiffs
make
allegation
continuous
intermittent
violation
necessary
plaintiffs
prove
allegations
ongoing
noncompliance
jurisdiction
attaches
since
statute
require
defendant
violation
commencement
suit
defendant
alleged
violation
requirement
federal
rule
civil
procedure
adequately
protect
defendants
frivolous
allegations
moreover
allegations
injury
sufficient
standing
cases
invoke
jurisdiction
constitution
require
plaintiff
offer
proof
allegations
threshold
matter
furthermore
longstanding
mootness
doctrine
protect
defendant
continuation
suits
plaintiff
allegations
ongoing
violations
become
false
defendant
begun
comply
act
since
appeals
declined
decide
whether
respondents
complaint
contained
allegation
ongoing
violation
petitioner
case
must
remanded
consideration
question
pp
marshall
delivered
opinion
rehnquist
brennan
white
blackmun
joined
parts
ii
stevens
scalia
joined
scalia
filed
opinion
concurring
part
concurring
judgment
stevens
joined
post
barrett
prettyman
argued
cause
petitioner
briefs
richard
poulson
patrick
raher
catherine
james
lacroix
john
roberts
louis
claiborne
argued
cause
respondents
brief
jeter
watson
james
thornton
briefs
amici
curiae
urging
reversal
filed
chamber
commerce
et
al
theodore
garrett
katherine
rhyne
robin
conrad
james
jackson
richard
wasserstrom
connecticut
business
industry
association
wayne
henderson
consolidated
rail
corporation
et
al
mcneill
watkins
ii
james
baine
timothy
atherton
nathan
edelstein
jose
berlanga
grant
van
horne
rollins
environmental
services
nj
william
lewis
briefs
amici
curiae
urging
affirmance
filed
solicitor
general
fried
acting
assistant
attorney
general
hookano
deputy
solicitor
general
wallace
jeffrey
minear
david
shilton
state
alabama
et
al
john
van
de
kamp
attorney
general
california
roderick
walston
allene
zanger
deputy
attorneys
general
siegelman
attorney
general
alabama
joseph
lieberman
attorney
general
connecticut
robert
walsh
assistant
attorney
general
warren
price
iii
attorney
general
hawaii
james
tierney
attorney
general
maine
philip
ahrens
deputy
attorney
general
frank
kelley
attorney
general
michigan
louis
caruso
solicitor
general
william
webster
attorney
general
missouri
louis
rose
special
assistant
attorney
general
new
mexico
travis
medlock
attorney
general
south
carolina
michael
cody
attorney
general
tennessee
jeffrey
amestoy
attorney
general
vermont
mary
sue
terry
attorney
general
virginia
kenneth
eikenberry
attorney
general
washington
friends
earth
et
al
bruce
terris
national
wildlife
federation
mark
van
putten
norman
dean
briefs
amici
curiae
filed
bethlehem
steel
corporation
et
al
benjamin
rosenberg
legal
foundation
et
al
richard
mcglynn
errata
scott
duboff
added
mcneill
watkins
ii
justice
marshall
delivered
opinion
case
must
decide
whether
clean
water
act
also
known
federal
water
pollution
control
act
confers
federal
jurisdiction
citizen
suits
wholly
past
violations
clean
water
act
act
stat
et
seq
ed
supp
iii
enacted
restore
maintain
chemical
physical
biological
integrity
nation
waters
order
achieve
goals
act
makes
unlawful
discharge
pollutant
navigable
waters
except
authorized
specified
sections
act
one
specified
sections
establishes
national
pollutant
discharge
elimination
system
npdes
pursuant
administrator
environmental
protection
agency
epa
may
issue
permits
authorizing
discharge
pollutants
accordance
specified
conditions
pursuant
state
may
establish
administer
permit
program
program
conforms
federal
guidelines
approved
administrator
act
calls
administrator
suspend
issuance
federal
permits
waters
subject
approved
state
program
holder
federal
npdes
permit
subject
enforcement
action
administrator
failure
comply
conditions
permit
administrator
enforcement
arsenal
includes
administrative
civil
criminal
sanctions
holder
state
npdes
permit
subject
federal
state
enforcement
action
failure
comply
absence
federal
state
enforcement
private
citizens
may
commence
civil
actions
person
alleged
violation
conditions
either
federal
state
npdes
permit
citizen
prevails
action
may
order
injunctive
relief
impose
civil
penalties
payable
treasury
commonwealth
virginia
established
federally
approved
state
npdes
program
administered
virginia
state
water
control
board
board
code
et
seq
board
issued
npdes
permit
authorizing
discharge
seven
pollutants
company
meatpacking
plant
pagan
river
smithfield
virginia
permit
reissued
modified
established
effluent
limitations
monitoring
requirements
conditions
discharge
petitioner
gwaltney
smithfield
acquired
assets
assumed
obligations
permit
petitioner
repeatedly
violated
conditions
permit
exceeding
effluent
limitations
five
seven
pollutants
covered
violations
chronicled
discharge
monitoring
reports
permit
required
petitioner
maintain
see
record
exh
substantial
violations
concerned
pollutants
fecal
coliform
chlorine
total
kjeldahl
nitrogen
tkn
october
august
petitioner
violated
tkn
limitation
times
chlorine
limitation
times
fecal
coliform
limitation
times
record
stipulation
petitioner
installed
new
equipment
improve
chlorination
system
march
last
reported
chlorine
violation
occurred
october
new
chlorination
system
also
helped
control
discharge
fecal
coliform
last
recorded
fecal
coliform
violation
occurred
february
record
exh
petitioner
installed
upgraded
wastewater
treatment
system
october
last
reported
tkn
violation
occurred
may
record
stipulation
respondents
chesapeake
bay
foundation
natural
resources
defense
council
two
nonprofit
corporations
dedicated
protection
natural
resources
sent
notice
february
gwaltney
administrator
epa
virginia
state
water
control
board
indicating
respondents
intention
commence
citizen
suit
act
based
petitioner
violations
permit
conditions
respondents
proceeded
file
suit
june
alleging
petitioner
violated
continue
violate
npdes
permit
record
doc
respondents
requested
district
provide
declaratory
injunctive
relief
impose
civil
penalties
award
attorney
fees
costs
district
granted
partial
summary
judgment
respondents
august
declaring
gwaltney
violated
violation
act
ed
district
held
trial
determine
appropriate
remedy
district
reached
decision
gwaltney
moved
may
dismissal
action
want
jurisdiction
act
gwaltney
argued
language
permits
private
citizens
bring
suit
person
alleged
violation
act
requires
defendant
violating
act
time
suit
gwaltney
urged
district
adopt
analysis
fifth
circuit
hamker
diamond
shamrock
chemical
held
complaint
brought
must
allege
violation
occurring
time
complaint
filed
gwaltney
contended
last
recorded
violation
occurred
several
weeks
respondents
filed
complaint
district
lacked
jurisdiction
respondents
action
see
record
doc
district
rejected
gwaltney
argument
concluding
authorizes
citizens
bring
enforcement
actions
basis
wholly
past
violations
district
found
words
violation
may
reasonably
read
comprehending
unlawful
conduct
occurred
solely
prior
filing
lawsuit
well
unlawful
conduct
continues
present
supp
ed
district
view
construction
statutory
language
supported
legislative
history
underlying
policy
goals
act
district
held
alternative
respondents
satisfied
jurisdictional
requirements
complaint
alleged
good
faith
gwaltney
continuing
violate
permit
time
suit
filed
appeals
affirmed
expressly
rejecting
fifth
circuit
approach
hamker
holding
read
comprehend
unlawful
conduct
occurred
prior
filing
lawsuit
well
unlawful
conduct
continues
present
appeals
concluded
reading
consistent
act
structure
legislative
history
purpose
although
observed
sound
argument
made
respondents
allegations
continuing
violations
made
good
faith
appeals
declined
rule
district
alternative
holding
finding
unnecessary
disposition
case
subsequent
issuance
fourth
circuit
opinion
first
circuit
also
occasion
construe
took
position
different
either
fourth
fifth
circuit
holding
jurisdiction
lies
fairly
alleges
continuing
likelihood
defendant
enjoined
proceed
violate
act
pawtuxet
cove
marina
first
circuit
approach
precludes
suit
based
wholly
past
violations
permits
suit
pattern
intermittent
violations
even
violation
moment
suit
filed
granted
certiorari
resolve
conflict
circuits
vacate
fourth
circuit
opinion
remand
case
ii
well
settled
starting
point
interpreting
statute
language
statute
consumer
product
safety
gte
sylvania
appeals
concluded
violation
language
ambiguous
whereas
petitioner
asserts
plainly
precludes
construction
adopted
must
agree
appeals
provision
congress
limpid
prose
puts
end
dispute
acknowledge
ambiguity
conclude
interpretations
equally
plausible
natural
reading
violation
requirement
allege
state
either
continuous
intermittent
violation
reasonable
likelihood
past
polluter
continue
pollute
future
congress
phrased
requirement
language
looked
past
violated
choose
readily
available
option
respondents
urge
choice
phrase
violation
rather
phrasing
clearly
directed
past
careless
accident
result
debatable
lapse
syntactical
precision
brief
respondents
prospective
orientation
phrase
escaped
congress
attention
congress
used
identical
language
citizen
suit
provisions
several
environmental
statutes
authorize
prospective
relief
see
clean
air
act
resource
conservation
recovery
act
ed
supp
iii
toxic
substances
control
act
ed
supp
iv
moreover
congress
demonstrated
yet
statutory
provisions
knows
avoid
prospective
implication
using
language
explicitly
targets
wholly
past
violations
respondents
seek
counter
reasoning
observing
congress
also
used
phrase
violation
act
authorizes
administrator
epa
issue
compliance
orders
language
incorporated
reference
authorizes
administrator
bring
civil
enforcement
actions
little
questioned
administrator
may
bring
enforcement
actions
recover
civil
penalties
wholly
past
violations
respondents
contend
parallel
language
must
mean
citizens
may
maintain
actions
although
argument
initial
plausibility
withstand
close
scrutiny
comparison
two
statutory
provisions
administrator
ability
seek
civil
penalties
discussed
either
civil
penalties
mentioned
contain
violation
language
recently
recognized
constitutes
separate
grant
enforcement
authority
section
intertwine
equitable
relief
imposition
civil
penalties
instead
kind
relief
separably
authorized
separate
distinct
statutory
provision
subsection
providing
injunctive
relief
independent
subsection
provides
civil
penalties
tull
reading
violation
language
bolstered
language
structure
rest
citizen
suit
provisions
act
provisions
together
make
plain
interest
primarily
one
striking
indicia
prospective
orientation
citizen
suit
pervasive
use
present
tense
throughout
citizen
suit
may
brought
violation
permit
limitation
effect
act
must
give
notice
alleged
violator
administrator
epa
state
alleged
violation
occurs
governor
state
may
sue
citizen
administrator
fails
enforce
effluent
limitation
violation
occurring
another
state
causing
adverse
effect
public
health
welfare
state
telling
use
present
tense
definition
citizen
person
interest
may
adversely
affected
defendant
violations
act
definition
makes
plain
undeviating
use
present
tense
strongly
suggests
harm
sought
addressed
citizen
suit
lies
present
future
past
conclusion
render
incomprehensible
notice
provision
requires
citizens
give
days
notice
intent
sue
alleged
violator
well
administrator
state
administrator
state
commences
enforcement
action
within
period
citizen
suit
barred
presumably
governmental
action
rendered
unnecessary
follows
logically
purpose
notice
alleged
violator
give
opportunity
bring
complete
compliance
act
thus
likewise
render
unnecessary
citizen
suit
assume
respondents
urge
citizen
suits
may
target
wholly
past
violations
requirement
notice
alleged
violator
becomes
gratuitous
indeed
respondents
propounding
interpretation
act
think
reason
congress
require
notice
seemed
right
inform
alleged
violator
sued
brief
respondents
adopting
respondents
interpretation
jurisdictional
grant
create
second
even
disturbing
anomaly
bar
citizen
suits
governmental
enforcement
action
way
suggests
citizen
suit
meant
supplement
rather
supplant
governmental
action
legislative
history
act
reinforces
view
role
citizen
suit
senate
report
noted
committee
intends
great
volume
enforcement
actions
brought
state
citizen
suits
proper
federal
state
local
agencies
fail
exercise
enforcement
responsibility
reprinted
legislative
history
water
pollution
control
act
amendments
hereinafter
leg
permitting
citizen
suits
wholly
past
violations
act
undermine
supplementary
role
envisioned
citizen
suit
danger
best
illustrated
example
suppose
administrator
identified
violator
act
issued
compliance
order
suppose
administrator
agreed
assess
otherwise
seek
civil
penalties
condition
violator
take
extreme
corrective
action
install
particularly
effective
expensive
machinery
otherwise
obliged
take
citizens
file
suit
months
years
later
order
seek
civil
penalties
administrator
chose
forgo
administrator
discretion
enforce
act
public
interest
curtailed
considerably
might
said
discretion
state
enforcement
authorities
respondents
interpretation
scope
citizen
suit
change
nature
citizens
role
interstitial
potentially
intrusive
agree
congress
intended
result
legislative
history
act
provides
additional
support
reading
members
congress
frequently
characterized
citizen
suit
provisions
abatement
provisions
injunctive
measures
see
water
pollution
control
legislation
hearings
subcommittee
air
water
pollution
senate
committee
public
works
pt
staff
analysis
person
may
sue
polluter
abate
violation
pt
eagleton
citizen
suits
brought
purpose
abating
pollution
leg
hist
additional
views
abzug
rangel
itizens
may
institute
suits
polluters
purpose
halting
pollution
cong
rec
leg
hist
muskie
citizen
suits
brought
enforce
continuous
intermittent
violations
leg
hist
bayh
sorts
citizen
suits
citizen
obtain
injunction
obtain
money
damages
useful
additional
tool
enforcing
environmental
protection
laws
moreover
senate
house
reports
explicitly
connected
citizen
suit
provisions
authorized
clean
air
act
wholly
injunctive
nature
see
supra
leg
hist
citizen
participation
clean
water
act
modeled
provision
enacted
clean
air
amendments
supra
leg
hist
section
closely
follows
concepts
utilized
section
clean
air
act
congress
acknowledgment
connection
suggests
identity
alleged
violation
language
citizen
suit
provisions
two
acts
accidental
rather
two
provisions
share
common
central
purpose
permitting
citizens
abate
pollution
government
command
compliance
understanding
alleged
violation
language
statutory
term
art
rather
mere
stylistic
infelicity
reinforced
consistent
adherence
senate
house
reports
precise
statutory
formulation
see
conf
leg
hist
supra
leg
hist
supra
leg
hist
respondents
make
much
fact
senator
muskie
one
principal
authors
sponsors
bill
deviated
formulation
one
point
expressing
view
citizen
right
section
bring
action
appropriate
remedy
case
person
alleged
violation
cong
rec
leg
hist
emphasis
added
viewed
context
however
senator
muskie
statement
support
respondents
contention
authorizes
citizen
suits
wholly
past
violations
full
context
senator
remarks
follows
notice
provision
intended
however
cut
right
action
citizen
may
respect
violations
took
place
days
earlier
may
continuous
original
senate
bill
citizen
right
section
bring
action
appropriate
remedy
case
person
alleged
violation
whether
violation
continuous
one
occasional
sporadic
one
ibid
iii
conclusion
permit
citizen
suits
wholly
past
violations
necessarily
dispose
lawsuit
lower
courts
recognized
district
found
persuasive
fact
respondents
allegation
complaint
gwaltney
continuing
violate
npdes
permit
plaintiffs
filed
suit
appears
made
fully
good
faith
basis
district
explicitly
held
albeit
even
gwaltney
correct
district
jurisdiction
citizen
suits
based
entirely
unlawful
conduct
occurred
entirely
past
still
jurisdiction
ibid
appeals
acknowledged
also
sound
argument
made
respondents
allegations
continuing
violations
made
good
faith
expressly
declined
rule
alternative
holding
agree
confers
jurisdiction
citizen
suits
make
allegation
continuous
intermittent
violation
remand
case
appeals
consideration
petitioner
argues
must
prove
allegations
ongoing
noncompliance
jurisdiction
attaches
brief
petitioner
agree
statute
require
defendant
violation
act
commencement
suit
rather
statute
requires
defendant
alleged
violation
petitioner
construction
act
reads
word
alleged
petitioner
quick
note
contexts
reason
believe
congress
drafting
sloppy
haphazard
agree
solicitor
general
congress
use
phrase
alleged
violation
reflects
conscious
sensitivity
practical
difficulties
detecting
proving
chronic
episodic
violations
environmental
standards
brief
amicus
curiae
acknowledgment
congress
intended
allegation
suffice
jurisdictional
purposes
however
give
litigants
license
flood
courts
suits
premised
baseless
allegations
rule
federal
rules
civil
procedure
requires
pleadings
based
belief
formed
reasonable
inquiry
well
grounded
fact
adequately
protects
defendants
frivolous
allegations
petitioner
contends
failure
require
proof
allegations
permit
plaintiffs
whose
allegations
ongoing
violation
reasonable
untrue
maintain
suit
federal
even
though
lack
constitutional
standing
petitioner
reasons
defendant
complete
compliance
act
time
suit
plaintiffs
suffered
injury
remediable
citizen
suit
provisions
act
petitioner
however
fails
recognize
standing
cases
uniformly
recognize
allegations
injury
sufficient
invoke
jurisdiction
warth
seldin
example
made
clear
suit
dismissed
lack
standing
sufficient
allegations
fact
proof
complaint
supporting
affidavits
say
however
allegations
may
challenged
scrap
noted
plaintiffs
allegations
standing
fact
untrue
defendants
moved
summary
judgment
standing
issue
demonstrated
district
allegations
sham
raised
genuine
issue
fact
defendant
fails
make
showing
plaintiff
offers
evidence
support
allegation
case
proceeds
trial
merits
plaintiff
must
prove
allegations
order
prevail
constitution
require
plaintiff
offer
proof
threshold
matter
order
invoke
district
jurisdiction
petitioner
also
worries
construction
permit
allegations
ongoing
noncompliance
become
false
later
point
litigation
defendant
begins
comply
act
continue
nonetheless
press
suit
conclusion
according
petitioner
result
contravene
prospective
purpose
citizen
suit
provisions
case
controversy
requirement
article
iii
longstanding
principles
mootness
however
prevent
maintenance
suit
reasonable
expectation
wrong
repeated
grant
quoting
aluminum
america
seeking
case
dismissed
moot
however
defendant
burden
heavy
one
defendant
must
demonstrate
absolutely
clear
allegedly
wrongful
behavior
reasonably
expected
recur
phosphate
export
emphasis
added
mootness
doctrine
thus
protects
defendants
maintenance
suit
clean
water
act
based
solely
violations
wholly
unconnected
present
future
wrongdoing
also
protects
plaintiffs
defendants
seek
evade
sanction
predictable
protestations
repentance
reform
oregon
state
medical
society
erroneously
concluded
respondents
maintain
action
based
wholly
past
violations
act
declined
decide
whether
respondents
complaint
contained
allegation
ongoing
violation
petitioner
therefore
remand
case
consideration
question
judgment
appeals
vacated
case
remanded
proceedings
consistent
opinion
ordered
footnotes
except
provided
subsection
section
citizen
may
commence
civil
action
behalf
person
including
ii
governmental
instrumentality
agency
extent
permitted
eleventh
amendment
constitution
alleged
violation
effluent
standard
limitation
chapter
order
issued
administrator
state
respect
standard
limitation
administrator
alleged
failure
administrator
perform
act
duty
chapter
discretionary
administrator
district
courts
shall
jurisdiction
without
regard
amount
controversy
citizenship
parties
enforce
effluent
standard
limitation
order
order
administrator
perform
act
duty
case
may
apply
appropriate
civil
penalties
section
title
example
solid
waste
disposal
act
amended
authorize
citizen
suits
past
present
generator
transporter
owner
operator
treatment
storage
disposal
facility
contributed
contributing
past
present
handling
storage
treatment
transportation
disposal
certain
hazardous
wastes
supp
iii
prior
solid
waste
disposal
act
contained
language
identical
clean
water
act
authorizing
citizen
suits
person
alleged
violation
waste
disposal
permits
standards
even
point
recent
clean
water
act
amendments
permit
epa
assess
administrative
penalties
without
judicial
process
person
violated
provisions
act
water
quality
act
pub
stat
notice
provisions
specifically
provide
citizen
suits
barred
administrator
state
commenced
action
require
compliance
emphasis
added
language
supports
conclusion
precluded
citizen
suit
also
action
compliance
rather
action
solely
civil
penalties
past
nonrecurring
violations
respondents
also
seek
rely
legislative
history
amendments
act
inter
alia
gave
administrator
authority
assess
civil
penalties
past
violations
without
judicial
enforcement
proceedings
water
quality
act
pub
stat
respondents
point
provisions
act
statements
legislative
history
effect
administrative
penalty
action
violation
one
effluent
limitation
bar
citizen
suit
past
violation
another
effluent
limitation
even
two
violations
resulted
discharge
brief
respondents
respondents
contend
evidence
demonstrates
congress
viewed
act
permitting
citizen
suits
wholly
past
violations
conclusions
congress
however
hardly
probative
intent
congress
see
rainwater
moreover
provisions
legislative
history
act
support
arguments
cut
respondents
well
fact
congress
consciously
chose
past
tense
describe
administrator
new
authority
assess
civil
penalties
suggests
congress
knows
target
past
violations
wants
see
supra
legislative
history
demonstrates
senate
house
bills
conflict
whether
adopt
present
past
tense
compare
pp
act
reflects
congress
chose
adopt
past
tense
senate
bill
see
also
warth
seldin
art
iii
requirement
remains
plaintiff
still
must
allege
distinct
palpable
injury
emphasis
added
linda
richard
steadfastly
adhered
requirement
federal
plaintiffs
must
allege
threatened
actual
injury
resulting
putatively
illegal
action
federal
may
assume
jurisdiction
footnotes
omitted
emphasis
added
baker
carr
plaintiffs
alleged
personal
stake
outcome
controversy
assure
concrete
adverseness
sharpens
presentation
issues
upon
largely
depends
illumination
difficult
constitutional
questions
emphasis
added
act
plaintiffs
also
protected
suddenly
repentant
defendant
authority
district
courts
award
litigation
costs
whenever
determines
award
appropriate
legislative
history
provision
explicitly
award
costs
extend
plaintiffs
actions
result
successful
abatement
reach
verdict
instance
result
citizen
proceeding
verdict
issued
defendant
abated
violation
may
award
litigation
expenses
borne
plaintiffs
prosecuting
actions
leg
hist
justice
scalia
justice
stevens
justice
join
concurring
part
concurring
judgment
join
parts
ii
opinion
join
part
iii
believe
misreads
statute
create
peculiar
new
form
jurisdiction
concludes
jurisdiction
exists
allegation
defendant
violation
thereafter
according
interpretation
plaintiff
never
called
prove
jurisdictional
allegation
ante
creates
regime
extraordinary
knowledge
unique
think
context
order
carry
lawsuit
judgment
allegations
necessary
proof
allegations
contested
thinks
necessary
find
congress
produced
jurisprudential
anomaly
conclusion
view
read
word
alleged
seems
quite
contrary
interpretation
ignores
words
statute
section
citizen
may
commence
civil
action
behalf
person
alleged
violation
emphasis
added
course
nothing
unusual
proposition
allegation
required
commence
lawsuit
proof
never
required
practicably
required
stage
clear
unexceptionable
language
statute
one
two
inferences
made
inference
chooses
requirement
commencing
suit
requirement
maintaining
inference
order
maintain
suit
allegations
required
commence
must
contested
proved
seems
favor
first
inference
second
prefer
eccentric
routine
well
ingrained
law
jurisdiction
called
question
either
challenging
sufficiency
allegation
challenging
accuracy
jurisdictional
facts
alleged
see
land
dollar
thomson
gaskill
kvos
associated
press
mcnutt
general
motors
acceptance
congress
intended
us
eliminate
second
form
challenge
create
extraordinary
regime
jurisdictional
fact
consists
belief
seems
delivered
instructions
clear
fashion
merely
specifying
lawsuit
commenced
view
therefore
issue
resolved
appeals
remand
suit
whether
allegation
continuing
violation
day
suit
brought
made
good
faith
reasonable
inquiry
whether
petitioner
fact
violation
date
suit
brought
phrase
violation
unlike
phrase
violating
committed
violation
suggests
state
rather
act
opposite
state
compliance
good
lucky
day
state
compliance
dubious
state
past
effluent
problem
recurring
moment
cause
problem
completely
clearly
eradicated
company
violated
effluent
standard
limitation
remains
purposes
violation
standard
limitation
long
put
place
remedial
measures
clearly
eliminate
cause
violation
suffice
defeat
jurisdiction
success
attempted
remedies
becomes
clear
months
even
weeks
suit
filed
jurisdiction
depends
state
things
time
action
brought
existed
suit
brought
subsequent
events
ous
jurisdiction
mollan
torrance
wheat
see
smith
sperling
paul
mercury
indemnity
red
cab
requirement
clarity
cure
past
violation
contained
phrase
violation
rather
novel
theory
jurisdiction
goodfaith
allegation
meets
concern
practical
difficulties
detecting
proving
chronic
episodic
violations
ante
quoting
brief
amicus
curiae
thus
think
question
remand
whether
petitioner
taken
remedial
steps
clearly
achieved
effect
curing
past
violations
time
suit
brought
claim
standard
mine
differ
greatly
practical
application
example
almost
certainly
produce
identical
results
lawsuit
see
supp
ed
district
stating
allegation
continuing
violation
good
faith
relied
entirely
uncertainty
whether
cause
tkn
violation
cured
practical
insignificance
however
makes
puzzling
willingness
impute
congress
creation
unprecedented
scheme
must
alleged
need
proved
ii
even
correct
evidence
state
noncompliance
produced
survive
motion
dismissal
grounds
jurisdiction
evidence
still
required
order
establish
plaintiff
standing
gwaltney
seek
certiorari
even
appeal
appeals
denial
motion
dismiss
lack
standing
raise
standing
issue
us
see
reply
brief
petitioner
event
independent
obligation
inquire
standing
doubtful
see
bender
williamsport
area
school
undisputed
defendant
state
compliance
suit
filed
plaintiffs
suffering
remediable
injury
fact
support
suit
constitutional
requirement
injury
reflected
statute
defines
citizen
one
interest
may
adversely
affected
see
middlesex
county
sewerage
authority
national
sea
clammers
accordingly
even
theory
case
seems
remand
require
lower
consider
allegation
state
violation
actual
existence
sure
nothing
opinion
precludes
consideration
standing
sound
practice
remand
require
see
havens
realty
coleman
combs
per
curiam
course
disposition
call
attention
fact
interpreted
statute
confer
jurisdiction
class
cases
terms
statute
possibly
standing
sue