Gwaltney of Smithfield, LTD. v. Chesapeake Bay Foundation, Inc., et al. (484 U.S. 49)
U.S. Supreme Court · decided December 1, 1987 · Supreme Court Database (Spaeth)
- Citation
- 484 U.S. 49 · 108 S. Ct. 376
- Decided
- December 1, 1987
- Term
- October Term 1987
- Vote
- 8–0
- Majority author
- Justice Marshall
- Issue area
- Economic Activity
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Marshall delivered the opinion of the Court. In this case, we must decide whether § 505(a) of the Clean Water Act, also known as the Federal Water Pollution Control Act, 33 U. S. C. § 1365(a), confers federal jurisdiction over citizen suits for wholly past violations. I The Clean Water Act (Act), 86 Stat. 816, 33 U. S. C. § 1251 et seq. (1982 ed. and Supp. Ill), was enacted in 1972 “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” § 1251(a). In order to achieve these goals, § 301(a) of the Act makes unlawful the discharge of any pollutant into navigable waters except as authorized by specified sections of the Act. 33 U. S. C. § 1311(a). One of these specified sections is §402, which establishes the National Pollutant Discharge Elimination System (NPDES). 33 U. S. C. §1342. Pursuant to § 402(a), the Administrator of the Environmental Protection Agency (EPA) may issue permits authorizing the discharge of pollutants in accordance with specified conditions. § 1342(a). Pursuant to § 402(b), each State may establish and administer its own permit program if the program conforms to federal guidelines and is approved by the Administrator. § 1342(b). The Act calls for the Administrator to suspend the issuance of federal permits as to waters subject to an approved state program. § 1342(c)(1). The holder of a federal NPDES permit…
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