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· 7/10/1995

Friends of Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.

Citations

  • 890 F. Supp. 470
  • 26 Envtl. L. Rep. (Envtl. Law Inst.) 20457
  • 40 ERC (BNA) 2063
  • 1995 U.S. Dist. LEXIS 10082

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “A lenient penalty that is far less than the maximum penalty may provide evidence of non-diligent prosecution.”
  • “A lenient penalty that is far less than the maximum penalty may provide evidence of non-diligent prosecution.”
  • “A lenient penalty that is far less than the maximum penalty may provide evidence of non-diligent prosecution.”
  • “A penalty serves as a successful deterrent only if potential violators believe that they will be worse off by not complying with the applicable requirements.”
  • “A penalty serves as a successful deterrent only if potential violators believe that they will be worse off by not complying with the applicable requirements.”
  • the Environmental Protection Agency’s policy is that “civil penalties must recover at least the amount of the violator’s economic benefit of noncompliance,” which suggests “a state enforcement agency's failure to do so is some evidence that the agency's prosecution was not diligent.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Anderson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.