Weinberger, Secretary of Defense, et al. v. Romero-barcelo et al. (456 U.S. 305)
U.S. Supreme Court · decided April 27, 1982 · Supreme Court Database (Spaeth)
- Citation
- 456 U.S. 305 · 102 S. Ct. 1798
- Decided
- April 27, 1982
- Term
- October Term 1981
- Vote
- 8–1
- Majority author
- Justice White
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice White delivered the opinion of the Court. The issue in this case is whether the Federal Water Pollution Control Act (FWPCA or Act), 86 Stat. 816, as amended, 33 U. S. C. § 1251 et seq. (1976 ed. and Supp. IV), requires a district court to enjoin immediately all discharges of pollutants that do not comply with the Act’s permit requirements or whether the district court retains discretion to order other relief to achieve compliance. The Court of Appeals for the First Circuit held that the Act withdrew the courts’ equitable discretion. Romero-Barcelo v. Brown, 643 F. 2d 835 (1981). We reverse. I For many years, the Navy has used Vieques Island, a small island off the Puerto Rico coast, for weapons training. Currently all Atlantic Fleet vessels assigned to the Mediterranean Sea and the Indian Ocean are required to complete their training at Vieques because it permits a full range of exercises under conditions similar to combat. During air-to-ground training, however, pilots sometimes miss land-based targets, and ordnance falls into the sea. That is, accidental bombings of the navigable waters and, occasionally, intentional bombings of water targets occur. The District Court found that these discharges have not harmed the quality of the water. In 1978, respondents, who include the Governor of Puerto Rico and residents of the island, sued to enjoin the Navy’s operations on…
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