The Steel Company v. Citizens for a Better Environment
- Case Date: 5/2/1997
- Project Name: Environmental Law Project
On May 2, 1997, WLF filed a brief with the United States Supreme Court urging it to reverse a lower court ruling that allows activist environmental groups to sue companies which file annual reports under the Emergency Planning and Community Right-to-Know Act (EPCRA). The U.S. Court of Appeals for the Seventh Circuit ruled that activists can file these lawsuits and reap windfall attorneys' fees for simply showing that the company had been late in filing the reports. WLF argued that the activists lack standing to bring the case, primarily because any injury they have suffered by the delay in the filing of the reports had been remedied or cured, and that the case raises serious separation of powers concerns.