MIDDLESEX COUNTY SEWERAGE AUTHORITY ET AL.
v.
NATIONAL SEA CLAMMERS ASSN. ET AL.; JOINT MEETING OF ESSEX AND UNION COUNTIES V. NATIONAL SEA CLAMMERS ASSN. ET AL.; CITY OF NEW YORK ET AL. V. NATIONAL SEA CLAMMERS ASSN. ET AL.; AND ENVIRONMENTAL PROTECTION AGENCY ET AL. V. NATIONAL SEA CLAMMERS ASSN. ET AL.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court granted certiorari to consider whether federal statutes imply private rights of action, whether citizens have standing for federal common law nuisance actions regarding ocean pollution, and if such actions are preempted by existing regulatory schemes.
The case involves consolidated actions concerning ocean pollution. Certiorari was granted to address specific questions regarding private rights of ac…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Federal Water Pollution Control Act cases and more on FLexlaw
C. A. 3d Cir. Certiorari granted limited to the following questions:
1. Whether the Federal Water Pollution Control Act, 33 U. S. C. § 1251 et seq. (1976 ed. and Supp. III), and the Marine Protection, Research, and Sanctuaries Act of 1972, 33 U. S. C. § 1401 et 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).
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 the Federal Water Pollution Control Act and the Marine Protection, Research, and Sanctuaries Act.
Cases consolidated and a total of one hour allotted for oral argument. Reported below: 616 F. 2d 1222.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Nat'l SEA Clammers Ass'n & Gosta Lovgren v. City OF NEW York, 616 F.2d 1222 (3d Cir. 1980)