The bid includes $15 in cash per share and $15 of Laidlaw stock, as well as assumption of $249 million in debt. See Comfort Lake Ass'n v. Dresel Contracting, Inc., 138 F.3d 351, 356 (8th Cir. In 1978 it entered the U.S. solid waste industry. In 2012, ECOS was awarded with the Aspen Chamber of Commerce Business of the Year Award. 158), with Steel Co., 523 U.S. at 88, and Gwaltney, 484 U.S. at 55. In the 1990s, Laidlaw continued to acquire hundreds of smaller school bus and public transit contractors in the U.S. and Canada. The district court is empowered to enforce permit requirements and assess civil penalties, which are payable to the United States Treasury. Gwaltney, 484 U.S. at 66 (quoting Concentrated Phosphate Export Ass'n, 393 U.S. at 203) (emphasis added by the Court in Gwaltney). The site had problemsbefore Laidlaw purchased GSX, but Ohio EPA Director Richard Shank latercalled Laidlaw's operation, "horrendous and shoddyI never would havedreamed that (Laidlaw) would have gotten themselves into this kind of troublethisis not some corner drug store, this is a hazardous waste facility. See Friends of the Earth, Inc. v. Laidlaw Envtl. Pet. Laidlaw is offering $30 per share for the Elgin, Ill.-based oil and chemicals recycler. The company`s registered agent is FL. 86-87). free to return to his old ways.'" 182-183). 1311(a), 1342. City of Mesquite v. Aladdin's Castle, Inc., 455 U. S. 283, 289. The Court has previously indicated, in connection with other federal statutes that authorize "prevailing parties" to recover attorneys' fees, that a plaintiff whose suit induces the defendant to comply with the law voluntarily is a "prevailing party." on Public Works and Transp., 98th Cong., 2d Sess. The District Court Proceedings Laidlaw operated a hazardous waste incineration facility in Roebuck, South Carolina. at 289 n.10 (citations omitted). These addresses are known to be associated with Laidlaw Environmental Services, Inc. however they may be inactive or mailing addresses only. Under the Clean Water Act, corporations such as Laidlaw Environmental Services received permits that limited them to certain amounts of discharges of dangerous substances. In October 1991, Laidlaw Environmental Services, Inc. (LES LOKERN), noticed its intention to seek a conditional use permit and general plan amendment from Kern County to expand and modify its existing hazardous waste facility 1988], parties may be considered to have prevailed when they vindicate rights through a consent judgment or without formally obtaining relief") (quoting S. Rep. No. In 2012, ECOS was awarded with the Aspen Chamber of Commerce Business of the Year Award. After Laidlaw Environmental Services, Inc. bought a wastewater treatment plant, it was granted a National Pollutant Discharge Elimination System (NPDES) permit. Laidlaw Environmental Services, Inc. - Columbia, SC Suite 300 PO Box 11393 1301 Gervais St Columbia, SC 29211 - 1393 Write A Review (803) 933-4238 Updated: WebI - ISSUES RAISED BY FRIENDS OF THE EARTH V.LAIDLAW - PIERCE.DOC 04/25/01 9:37 AM 207 ISSUES RAISED BY FRIENDS OF THE EARTH V. LAIDLAW ENVIRONMENTAL SERVICES: ACCESS TO THE COURTS FOR ENVIRONMENTAL PLAINTIFFS RICHARD J. 1365(a). App. Instead, the defendant must show that "subsequent events made it absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur." FOE appealed as to the amount of the District Court's civil penalty judgment, but did not appeal the denial of declaratory or injunctive relief. The company has also been subjectto several. 183). Congress's authorization of civil penalties in citizen suits, however, is properly viewed as limited to the "forward-looking" objective of deterring the defendant from further non-compliance. District Court found that Laidlaw had gained a total economic benefit of $1,092,581 as a result of its extended period of noncompliance with the permit's mercury discharge limit; nevertheless, the court concluded that a civil penalty of $405,800 was appropriate. See 33 U.S.C. The district court had denied injunctive relief, however, as a matter of remedial discretion and not because the case satisfied this Court's criteria for mootness. The Clean Water Act The Clean Water Act creates a comprehensive program "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." The relief the district court awarded-civil penalties calibrated to "provide adequate deterrence under the circumstances of this case" (Laidlaw II, 956 F. Supp. We nevertheless observe that there is good reason to question the court of appeals' dictum that "[petitioners'] failure to obtain relief on the merits of their claim precludes any recovery of attorneys' fees or litigation costs because such an award is available only to a 'prevailing or substantially prevailing party.'" Laidlaw began to discharge various pollutants into the waterway; these discharges, particularly of mercury, an extremely toxic pollutant, repeatedly exceeded the limits set by the permit. 201-500 employees. Laidlaw moved for summary judgment on the ground that FOE lacked Article III standing to bring the lawsuit. The question of attorneys' fees can be addressed once the litigation has run its course. 1365(a); W.T. Servs. It argued that the case was now moot because it had corrected the problems from which it had stemmed. WebLAIDLAW ENVIRONMENTAL SERVICES, INC., Defendant. The court of appeals concluded that the district court's refusal to provide injunctive relief had critical constitutional implications. Laidlaw sold BFI their 29% stake in Attwoods to for$132.5 million. Stern, supra, at 716; see id. Petitioners Friends of the Earth, Inc., Citizens Local Environmental Action Network, Inc., and the Sierra Club brought this citizen suit against respondent Laidlaw Environmental Services, Inc., to enjoin Laidlaw's violations of its Clean Water Act permit. Fined $214,000 for four hazardous waste violations: improper disposal ofinfectious waste, inadequate treatment of sewer sludge, insufficient testingof debris and soil, and excessive contamination of waste at its landfill.As one top agency official put it, "Laidlaw must be more diligent in itsoperations.". Respondent has violated Section 10.56.170 of the With locations in Reston, VA, Philadelphia, PA, and Baltimore, MD, Comstock Environmental also offers regulatory compliance, site characterization and remediation, 7a. The district court found that Laidlaw had violated its permit both before and after petitioners filed their citizen suit, but had ceased the violations before final judgment. at 600-601 (J.A. Held: The Fourth Circuit erred in concluding that a citizen suitor's claim for civil penalties must be dismissed as moot when the defendant, after commencement of the litigation, has come into compliance with its NPDES permit. Our offices are strategically located in the Gulf Coast. The court refused to grant petitioners' request for injunctive relief, reasoning that an injunction was inappropriate because "Laidlaw has been in substantial compliance with all parameters in its NPDES permit since at least August 1992." These discharges, particularly of mercury, repeatedly exceeded the limits set by a discharge Please verify address for mailing or other purposes. See, e.g., City of Mesquite v. Alladin's Castle, Inc., 455 U.S. 283, 288-289 (1982). According to Laidlaw, the entire Roebuck facility has since been permanently closed, dismantled, and put up for sale, and all discharges from the facility have permanently ceased. An official website of the United States government. 6a. See Laidlaw I, 890 F. 2d at 478-479 (J.A. WebHistorically Laidlaw Waste and Laidlaw Environmental Services have been subsidiaries of Laidlaw, Inc., which in turn is a 47.5% owned subsidiary of Canadian Pacific. Pet. Receive an email notification when changes occur for Laidlaw Environmental Services, Inc.. 1995) (Laidlaw I) (J.A. In this case, petitioners commenced suit to compel compliance from an entity that was in violation of its permit requirements at the time the suit was brought but that had discontinued its violations before the court entered judgment. [5] In 1993, Laidlaw acquired San Diego based MedTrans, a high quality industry leader which began as Harrison Ambulance in San Diego, operating emergency medical services operating in California, Washington, Nevada and Texas, and continued to grow it through 138 acquisitions across the country, reaching over $1B in revenue. See Arizonans for Official English, 520 U.S. at 67-68. 2d 584 (S.D. City of Mesquite, 455 U.S. at 289 n.10 (quoting Concentrated Phosphate Export Ass'n, 393 U.S. at 203, and W.T. (TOC), Inc., 890 F. Supp. Section 505 provides for citizen enforcement of the Act. The Court ruled that, even if EPCRA authorized a citizen to sue for wholly past violations, the citizens' suit must be dismissed because the citizens lacked Article III standing to seek relief that does not redress a cognizable "injury in fact" to the citizens. 9a n.5. WebLaidlaw Environmental Services, Inc. May 1985 - May 19916 years 1 month Charleston, SC Education University of North Carolina at Greensboro Master of Science (M.S. See reviews, photos, directions, phone numbers and more for Laidlaw Environmental Svc Inc locations in Newport News, VA. A-1 Environmental Services Inc. Environmental Services-Site Remediation Janitorial Service. DREC acceded to Laidlaw's request to file a lawsuit against the company. In Virginia, several school districts canceled their school bus contracts with private operators and brought bus operations in-house. 1365. TES has developed and sustained partnerships with thousands of clients including petrochemical facilities, manufacturing facilities, shipyards, offshore facilities, chemical plants, hospitals, and 531, 536 (1984). If an NPDES permit holder fails to comply with the specified permit conditions, the federal and state governments may take enforcement action. See CWA 309, 33 U.S.C. Headquarters. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC., a subsidiary of Laidlaw Environmental Services, Inc., Appellant, v. AETNA CASUALTY & SURETY COMPANY OF ILLINOIS, Respondent. 147, 193-195). 1342(b) and (c). Container Corp., a South Carolina subsidiaryof Allied that was responsible for the Fort Mill transfer station, paida $55,000 fine and the station was closed. Work is often performed at active facilities in densely populated, urban areas. WebLaidlaw was a great company and community. But this case differs crucially from Steel Co. because petitioners brought suit to abate Laidlaw's ongoing environmental violations, Laidlaw was in a state of non-compliance when the suit was filed, Laidlaw failed to demonstrate that its voluntary cessation had left no reasonable prospect of future violations, and petitioners were therefore entitled to seek a remedy that would adequately ensure future compliance. STATEMENT Section 505 of the Clean Water Act, 33 U.S.C. Id. 183). No. 181-182). It apparently saw no need to invoke the foregoing mootness principles, and it did not make specific findings on the question whether it was clear that Laidlaw's permit violations could not reasonably be expected to recur. We are committed to building our people through career development, constructing quality projects, 1997) (Laidlaw II) (J.A. at 716 n.21 (collecting cases). On Sunday, Safety-Kleen's board approved a revised merger offer after Laidlaw increased the cash component to $18.30 a share from $18. Section 505(b) also bars a citizen from suing if EPA or the State has already commenced and is "dili- gently prosecuting" an enforcement action. Compare pay On April 10, 1992, plaintiff-petitioners Friends of the Earth and Citizens Local Environmental Action Network, Inc. (referred to collectively here, along with later joined plaintiff-petitioner Sierra Club, as "FOE"), notified Laidlaw of their intention to file a citizen suit against it under the Act, 33 U. S. C. 1365(a), after the expiration of the requisite 60-day notice period.
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