Cite as: 528 U. S. 167 (2000)
Syllabus
fence between the two doctrines, see generally Honig v. Doe, 484 U. S. 305, 329-332 (Rehnquist, C. J., concurring).
Laidlaw's argument that FOE doomed its own civil penalty claim to mootness by failing to appeal the denial of injunctive relief misconceives the statutory scheme. Under § 1365(a), the district court has discretion to determine which form of relief is best suited to abate current violations and deter future ones. See Weinberger v. Romero-Barcelo, 456 U. S. 305, 313. Denial of injunctive relief does not necessarily mean that the district court has concluded there is no prospect of future violations to deter. Indeed, it meant no such thing in this case; the District Court denied injunctive relief, but expressly based its award of civil penalties on the need for deterrence. A district court properly may conclude that an injunction would be too intrusive, because it could entail continuing and burdensome superintendence of the permit holder's activities by a federal court. See City of Mesquite, 455 U. S., at 289. Both Laidlaw's permit compliance and the facility closure might moot this case, but only if one or the other event made it absolutely clear that violations could not reasonably be expected to recur. Concentrated Phosphate Export Assn., 393 U. S., at 203. These are disputed factual matters that have not been aired in the lower courts; they remain open for consideration on remand. Pp. 189-194.
(e) This Court does not resolve FOE's argument that it is entitled to attorneys' fees on the theory that a plaintiff can be a "prevailing party" under § 1365(d) if it was the "catalyst" that triggered a favorable outcome. Although the Circuits have divided as to the continuing validity of the catalyst theory following Farrar v. Hobby, 506 U. S. 103, it would be premature for this Court to address the question here. The District Court stayed the time for a petition for attorneys' fees until the time for appeal had expired or until any appeal was resolved. Thus, when the Fourth Circuit addressed the availability of counsel fees, no order was before it either denying or awarding fees. It is for the District Court, not this Court, to address in the first instance any request for reimbursement of costs, including fees. Pp. 194-195.
149 F. 3d 303, reversed and remanded.
Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Kennedy, Souter, and Breyer, JJ., joined. Stevens, J., post, p. 195, and Kennedy, J., post, p. 197, filed concurring opinions. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, post, p. 198.
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