134
Ginsburg, J., concurring in judgment
500-501 (1979); Machinists v. Street, 367 U. S. 740, 749-750 (1961); Crowell v. Benson, 285 U. S. 22, 62 (1932); Lucas v. Alexander, 279 U. S. 573, 577 (1929); Panama R. Co. v. Johnson, 264 U. S. 375, 390 (1924); United States ex rel. Attorney General v. Delaware & Hudson Co., 213 U. S. 366, 407-408 (1909); Parsons v. Bedford, 3 Pet. 433, 448-449 (1830) (opinion of Story, J.).
IV
For these reasons, I concur in the Court's judgment, but do not join its opinion.
Justice Ginsburg, concurring in the judgment. Congress has authorized citizen suits to enforce the Emergency Planning and Community Right-To-Know Act of 1986, 42 U. S. C. § 11001 et seq. Does that authorization, as Congress designed it, permit citizen suits for wholly past violations? For the reasons stated by Justice Stevens in Part III of his opinion, I agree that the answer is "No." I would follow the path this Court marked in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 484 U. S. 49, 60-61 (1987), and resist expounding or offering advice on the constitutionality of what Congress might have done, but did not do.
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