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449 U.S. 917

Middlesex County Sewerage Authority v. National Sea Clammers Ass'n

Supreme Court of the United States

Decided October 20, 1980

Supreme Court of the United States · decided 1980-10-20

Key passage — most relied on by later courts

“1. Whether [FWPCA and MPRSA] imply a private right of action independent of the rights explicitly created by the citizens suit provisions of those Acts, 33 U.S.C. § 1415 (g). 2. Whether a private citizen has standing to maintain a federal common law nuisance action for alleged damages sustained resulting from ocean pollution as a general federal question under 28 U.S.C. § 1331 . 3. Whether any federal common law nuisance action for alleged damages sustained resulting from ocean pollution, if available to a private citizen, is not preempted by the present regulatory scheme governing ocean pollution established by [FWPCA and MPRSA],”

quoted by 2 later decisions, including Conner v. Aerovox, Inc., United States v. Oswego Barge Corp.

Applies 28 U.S.C. § 1331 · 33 U.S.C. § 1251 · 33 U.S.C. § 1401 · 33 U.S.C. § 1415

Relies on National Sea Clammers Association v. City of New York E R J

Good law ✅— No negative treatment on recordhow we know

Decided 1980-10-20

How this case has been cited

Cited by 619 later decisions (7 by the Supreme Court) — most recently March 2022 · most notably Parratt v. Taylor (1981), Middlesex County Sewerage Authority v. National Sea Clammers Assn. (1981)

295 federal appellate · 25 district · 150 state decisions — followed in 22 states

413019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1C. A. 3d Cir. Certiorari granted limited to the following questions:

¶21. Whether the Federal Water Pollution Control Act, 33 U. S. C. § 1251et seq. (1976 ed. and Supp. III), and the Marine Protection, Research, and Sanctuaries Act of 1972, *91833 U. S. C. § 1401et seq. (1976 ed. and Supp. III), imply a private right of action independent of the rights explicitly created by the citizens suit provisions of those Acts, 33 U. S. C. § 1415 (g).

¶32. Whether a private citizen has standing to maintain a federal common law nuisance action for alleged damages sustained resulting from ocean pollution as a general federal question under 28 U. S. C. § 1331.

¶43. Whether any federal common law nuisance action for alleged damages sustained resulting from ocean pollution, if available to a private citizen, is not preempted by the present regulatory scheme governing ocean pollution established by the Federal Water Pollution Control Act and the Marine Protection, Research, and Sanctuaries Act.

¶5Cases consolidated and a total of one hour allotted for oral argument. Reported below: 616 F. 2d 1222.

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