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even if it were absolutely clear that respondent had gone out of business and posed no threat of future permit violations. The District Court entered a valid judgment requiring respondent to pay a civil penalty of $405,800 to the United States. No postjudgment conduct of respondent could retroactively invalidate that judgment. A record of voluntary postjudgment compliance that would justify a decision that injunctive relief is unnecessary, or even a decision that any claim for injunctive relief is now moot, would not warrant vacation of the valid money judgment.
Furthermore, petitioners' claim for civil penalties would not be moot even if it were absolutely clear that respondent's violations could not reasonably be expected to recur because respondent achieved substantial compliance with its permit requirements after petitioners filed their complaint but before the District Court entered judgment. As the Courts of Appeals (other than the court below) have uniformly concluded, a polluter's voluntary postcomplaint cessation of an alleged violation will not moot a citizen-suit claim for civil penalties even if it is sufficient to moot a related claim for injunctive or declaratory relief.* This conclusion is consistent with the structure of the Clean Water Act, which attaches liability for civil penalties at the time a permit violation occurs. 33 U. S. C. § 1319(d) ("Any person who violates
*Comfort Lake Assn. v. Dresel Contracting, Inc., 138 F. 3d 351, 356 (CA8 1998); Atlantic States Legal Foundation, Inc. v. Stroh Die Casting Co., 116 F. 3d 814, 820 (CA7), cert. denied, 522 U. S. 981 (1997); Natural Resources Defense Council v. Texaco Refining & Mktg., Inc., 2 F. 3d 493, 502-503 (CA3 1993); Atlantic States Legal Foundation, Inc. v. Pan Am. Tanning Corp., 993 F. 2d 1017, 1020-1021 (CA2 1993); Atlantic States Legal Foundation, Inc. v. Tyson Foods, Inc., 897 F. 2d 1128, 1134-1137 (CA11 1990); Chesapeake Bay Foundation, Inc. v. Gwaltney of Smithfield, Ltd., 890 F. 2d 690, 696-697 (CA4 1989). Cf. Powell v. McCormack, 395 U. S. 486, 496, n. 8 (1969) ("Where several forms of relief are requested and one of these requests subsequently becomes moot, the Court has still considered the remaining requests").
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