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Steel Co. v. Citizens for a Better Environment | 523 U.S. 83 (1998)

The Emergency Planning and Community Right-to-Know Act, or EPCRA, requires businesses to file reports with government agencies regarding their storage and use of hazardous and toxic chemicals. In Steel Company versus Citizens for a Better Environment, the Supreme Court addressed an environmental organization’s standing to sue for violations of EPCRA’s reporting requirements.

Steel Company was a small manufacturer. Citizens for a Better Environment, or Citizens, notified Steel and the Environmental Protection Agency that Steel hadn’t submitted its required reports on hazardous and toxic chemicals. Steel then filed all the overdue reports. The agency declined to pursue further action.

Thereafter, Citizens sued Steel based on Steel’s failure to timely file its reports. Citizens didn’t allege that Steel’s noncompliance was ongoing or likely to recur. Citizens requested a declaratory judgment that Steel had violated EPCRA, authorization to inspect Steel’s facility and records, copies of all of Steel’s compliance reports, and an order requiring Steel to pay statutory civil penalties, Citizens’ attorney’s fees, and other costs associated with its investigation into Steel’s statutory violations.

Steel moved to dismiss the complaint, arguing that EPCRA didn’t allow suits for purely past violations. The district court granted Steel’s motion. The Seventh Circuit reversed. The United States Supreme Court granted cert.

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