Steel Co. v. Citizens for Better Environment, 523 U.S. 83, 38 (1998)

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Cite as: 523 U. S. 83 (1998)

Opinion of the Court

injunctive relief authorizing respondent to make periodic inspections of petitioner's facility and records and requiring petitioner to give respondent copies of its compliance reports; and orders requiring petitioner to pay EPCRA civil penalties to the Treasury and to reimburse respondent's litigation expenses—and no conceivable relief under the complaint's final, general request, would serve to reimburse respondent for losses caused by petitioner's late reporting, or to eliminate any effects of that late reporting upon respondent. Pp. 102-109.

90 F. 3d 1237, vacated and remanded.

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined, and in which Breyer, J., joined as to Parts I and IV. O'Connor, J., filed a concurring opinion, in which Kennedy, J., joined, post, p. 110. Breyer, J., filed an opinion concurring in part and concurring in the judgment, post, p. 111. Stevens, J., filed an opinion concurring in the judgment, in which Souter, J., joined as to Parts I, III, and IV, and Ginsburg, J., joined as to Part III, post, p. 112. Ginsburg, J., filed an opinion concurring in the judgment, post, p. 134.

Sanford M. Stein argued the cause for petitioner. With him on the briefs was Leo P. Dombrowski.

David A. Strauss argued the cause for respondent. With him on the brief were James D. Brusslan and Stefan A. Noe.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Schiffer, Deputy Solicitor General Wallace, James A. Feldman, Edward J. Shawaker, and Mark R. Haag.*

*Briefs of amici curiae urging reversal were filed for the American Forest & Paper Association, Inc., et al. by Jan S. Amundson and Quentin Riegel; for the American Iron & Steel Institute et al. by Scott M. DuBoff, Valerie J. Ughetta, Robin S. Conrad, and J. Walker Henry; for the Chemical Manufacturers Association by James W. Conrad, Christina Franz, and Carter G. Phillips; for the Clean Air Implementation Project by William H. Lewis, Jr., and Michael A. McCord; for the Mid-America Legal Foundation et al. by James T. Harrington, William F. Moran III, and Gregory

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