Mississippi River Revival, Inc. v. City of Minneapolis
District Court, D. Minnesota
1Opinion of the Court
ORDER DISMISSING CASES
ALSOP, Senior District Judge.
Standing and mootness are jurisdictional issues that must be addressed prior to consideration of the merits. Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 101, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998). The threshold question in these citizen suits under the Clean Water Act (“CWA”), 33 U.S.C. § 1365, is whether a citizen plaintiffs claim to assess civil penalties payable to the U.S. Treasury is moot when a change in circumstances indicates that the defendant is reasonably unlikely to commit future CWA violations. Supreme Court precedent…
2Cases cited14 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
- Ecological Rights Foundation Mateel Environmental Justice Foundation v. Pacific Lumber CompanyCourt of Appeals for the Ninth Circuit · 2000
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3Cited by4 opinions
- Mississippi River Revival, Inc. v. City Of MinneapolisCourt of Appeals for the Eighth Circuit · 2003
- Mississippi River Revival, Inc. v. City of MinneapolisCourt of Appeals for the Eighth Circuit · 2003
- Natural Resources Council of Maine v. International Paper Co.District Court, D. Maine · 2006
- El Camino, LLC v. City of South Saint Paul, MinnesotaDistrict Court, D. Minnesota · 2025