The July 27, 2026 federal district court decision in Lower Susquehanna Riverkeeper Association v. Republic Services of Pennsylvania LLC serves as a reminder that citizen suits filed by individuals or organizations impacted by alleged environmental violations remain an important enforcement mechanism under federal and state environmental laws.
The Federal District Court for the Middle District of Pennsylvania assessed a $9.2 million civil penalty against Republic Services of Pennsylvania LLC (“Republic”) for violations of the federal Clean Water Act, beginning in 2017. The violations occurred at Republic’s Modern Landfill in York County, Pa. The Lower Susquehanna Riverkeeper Association brought the lawsuit pursuant to the citizen suit provisions of the Clean Water Act.
The Pennsylvania Department of Environmental Protection (“DEP”) issued Republic a NPDES water discharge permit in 2017 that required Republic to meet, among other things, effluent standards for boron and osmotic pressure. According to the Court, Republic was aware at the time the permit was issued that it would be unable to meet these standards. Nonetheless, as stated by the Court, “Republic dragged its heels on the path towards compliance for about six years.”
The Court calculated the $9.2 million civil penalty based upon Republic’s economic benefit from not building and running an upgraded treatment system earlier. The penalty represents double Republic’s economic benefit. Notably, the Court assessed the penalty even though Republic had already entered into an agreement with and paid a penalty to DEP, underscoring the potential for separate enforcement actions by private parties under environmental statutes.
Many federal and state environmental statutes include provisions allowing impacted persons to file court actions against entities allegedly in violation of statutory requirements. Generally, these statutes not only authorize private persons to enforce compliance with applicable requirements, but also allow a court to assess penalties and award attorney fees to the private entities. For businesses subject to environmental permits and other regulatory obligations, the decision illustrates that addressing compliance issues promptly is critical. Delays in achieving compliance may increase exposure not only to agency enforcement, but also to private litigation seeking penalties and other relief, even where a regulatory settlement has already been reached.
If you have questions about environmental compliance obligations, permit enforcement issues or environmental litigation risks, please contact attorney Martin Siegel or any member of the Barley Snyder Environment & Energy Industry Group.
