EPA encourages entities with such concerns to seek legal counsel, which EPA cannot provide. Nevertheless, entities that do not have outstanding noncompliance are likely to find that EPA’s discretionary release of unresolved disclosures should not be a disincentive to disclose violations. See Steel Company v. Citizens for a Better Environment, 523 U.S. 83 (1998) (plaintiffs in a citizens’ suit under ECPRA lack Article III constitutional standing to sue where their complaint alleges only past noncompliance and, therefore, assessment of penalties would not redress plaintiffs’ injury).
If EPA releases unresolved disclosures when a member of the public requests such information, will entities that made such disclosures be more vulnerable to citizen suits?
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