Natural Resources Defense Council v. Southwest Marine, Inc.

ORDER GRANTING MOTION FOR RECONSIDERATION AND AFFIRMING OPINION AND ORDER OF NOVEMBER 20,1998

I. Introduction

Defendant Southwest Marine (SWM) brings a motion to reconsider this Court’s Opinion and Order of November 20, 1998. That Order denied SWM’s motion in limine seeking to preclude potential imposition of civil penalties for alleged violations of the Clean Water Act. The Mo tion to Reconsider is GRANTED; however, the Order of November 20, 1998 is AFFIRMED.

II. Analysis

Defendant’s motion is an elaboration of the argument put forth in its original motion. Defendant continues to insist that Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83 , 118 S.Ct. 1003 , 140 L.Ed.2d 210 (1998), represents a new overarching principle of constitutional jurisprudence whereby citizen suit plaintiffs never have standing to seek penalties for violations of an environmental statute if those penalties are payable to the U.S. Treasury. Defendant’s position is without exception, i.e., civil penalties are never available to citizen suit plaintiffs, no matter if the Defendant may be engaged in continuing violations of the Clean Water Act.

A. Steel Co. Does Not Apply With Continuing…