MIDDLESEX CTY. SEWERAGE AUTH. v. SEA CLAMMERS

No. 79-1711.

453 U.S. 1 (1981)

MIDDLESEX COUNTY SEWERAGE AUTHORITY ET AL. v. NATIONAL SEA CLAMMERS ASSOCIATION ET AL.

Supreme Court of United States.

Decided June 25, 1981.


Attorney(s) appearing for the Case

Milton B. Conford argued the cause for petitioners in Nos. 79-1711, 79-1754, and 79-1760. With him on the brief for petitioners Middlesex County Sewerage Authority et al. In No. 79-1711 were Marvin J. Brauth and Stephen J. Moses. Charles C. Carella and Jeffrey L. Miller filed a brief for petitioners Passaic Valley Sewerage Authority et al. in No. 79-1711. George J. Minish filed a brief for petitioners in No. 79-1754. Allen G. Schwartz, Leonard Koerner, and Stephen P. Kramer filed briefs for petitioners in No. 79-1760.

Alan I. Horowitz argued the cause for petitioners in No. 80-12 and the federal respondents in Nos. 79-1711, 79-1754, 79-1760. With him on the brief were Solicitor General McCree, Assistant Attorney General Moorman, Deputy Solicitor General Claiborne, Raymond N. Zagone, and Jacques B. Gelin.

Robert P. Corbin argued the cause for respondents National Sea Clammers Association et al. in all cases. With him on the brief were Philip A. Ryan, Edward C. German, and Dean F. Murtagh.


JUSTICE POWELL delivered the opinion of the Court.

In these cases, involving alleged damage to fishing grounds caused by discharges and ocean dumping of sewage and other waste, we are faced with questions concerning the availability of a damages remedy, based either on federal common law or on the provisions of two Acts—the Federal Water Pollution Control Act (FWPCA), 86 Stat. 816, as amended, 33 U. S. C. § 1251...

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