33 U.S.C. § 1343
Section 1343 · Ocean discharge criteria
Amended 2 times on record
Applied in 24 court decisions — leading case Coeur Alaska, Inc. v. Southeast Alaska Conservation Council (2009)
Most recently applied in Alaska Eskimo Whaling Commission v. U.S. Environmental Protection Agency (June 2015)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
No permit under section 1342 of this title for a discharge into the territorial sea, the waters of the contiguous zone, or the oceans shall be issued, after promulgation of guidelines established under subsection (c) of this section, except in compliance with such guidelines. Prior to the promulgation of such guidelines, a permit may be issued under such section 1342 of this title if the Administrator determines it to be in the public interest.
The requirements of subsection (d) of section 1342 of this title may not be waived in the case of permits for discharges into the territorial sea.
(1) The Administrator shall, within one hundred and eighty days after October 18, 1972 (and from time to time thereafter), promulgate guidelines for determining the degradation of the waters of the territorial seas, the contiguous zone, and the oceans, which shall include:
(A) the effect of disposal of pollutants on human health or welfare, including but not limited to plankton, fish, shellfish, wildlife, shorelines, and beaches;
(B) the effect of disposal of pollutants on marine life including the transfer, concentration, and dispersal of pollutants or their byproducts through biological, physical, and chemical processes; changes in marine ecosystem diversity, productivity, and stability; and species and community population changes;
(C) the effect of disposal, of pollutants on esthetic, recreation, and economic values;
(D) the persistence and permanence of the effects of disposal of pollutants;
(E) the effect of the disposal of varying rates, of particular volumes and concentrations of pollutants;
(F) other possible locations and methods of disposal or recycling of pollutants including land-based alternatives; and
(G) the effect on alternate uses of the oceans, such as mineral exploitation and scientific study.
(2) In any event where insufficient information exists on any proposed discharge to make a reasonable judgment on any of the guidelines established pursuant to this subsection no permit shall be issued under section 1342 of this title.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Discharges From Point Sources in United States Virgin Islands Attributable to Manufacture of Rum; Exemption; Conditions
Discharges from point sources in the United States Virgin Islands in existence on Aug. 5, 1983, attributable to the manufacture of rum not to be subject to the requirements of this section under certain conditions, see section 214(g) of Pub. L. 98–67, set out as a note under section 1311 of this title.
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.