weinberger
argued
february
decided
april
navy
course
using
island
puerto
rico
coast
weapons
training
discharged
ordnance
waters
surrounding
island
pilots
missed
land
targets
accidentally
bombed
waters
intentionally
bombed
water
targets
respondents
sued
federal
district
enjoin
navy
operations
alleging
violation
inter
alia
federal
water
pollution
control
act
fwpca
district
finding
discharges
harmed
quality
water
held
navy
violated
fwpca
discharging
ordnance
waters
without
first
obtaining
permit
environmental
protection
agency
ordered
navy
apply
permit
refused
enjoin
operations
pending
consideration
permit
application
appeals
vacated
remanded
instructions
order
navy
cease
violation
obtained
permit
holding
fwpca
withdrew
district
equitable
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order
relief
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injunction
held
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foreclose
completely
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district
discretion
rather
requiring
issue
injunction
statutory
violations
permits
order
relief
considers
necessary
secure
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act
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include
limited
order
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cessation
pp
grant
jurisdiction
ensure
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statute
suggest
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judge
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chancellor
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pp
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act
including
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permit
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discharge
ordnance
polluted
waters
although
district
refused
enjoin
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ignored
statutory
violation
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purpose
function
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system
fwpca
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pollutants
overcome
permit
navy
ordered
seek
pp
statutory
scheme
whole
contemplates
exercise
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equities
suggests
congress
intend
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courts
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provision
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permitting
president
exempt
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facilities
compliance
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congressional
intent
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exercise
equitable
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whether
source
pollution
private
party
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agency
order
relief
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compliance
act
whereas
exemption
permits
noncompliance
federal
agencies
extraordinary
circumstances
pp
legislative
history
suggest
congress
intended
deny
courts
traditional
equitable
discretion
white
delivered
opinion
burger
brennan
marshall
blackmun
powell
rehnquist
joined
powell
filed
concurring
opinion
post
stevens
filed
dissenting
opinion
post
elinor
stillman
argued
cause
petitioners
briefs
solicitor
general
lee
acting
assistant
attorney
general
liotta
edward
shawaker
anne
almy
thomas
flynn
richard
cornelius
john
hodges
argued
cause
respondents
brief
hector
reichard
de
cardona
secretary
justice
puerto
rico
gerardo
carlo
timothy
harker
lawrence
white
justice
white
delivered
opinion
issue
case
whether
federal
water
pollution
control
act
fwpca
act
stat
amended
et
seq
ed
supp
iv
requires
district
enjoin
immediately
discharges
pollutants
comply
act
permit
requirements
whether
district
retains
discretion
order
relief
achieve
compliance
appeals
first
circuit
held
act
withdrew
equitable
discretion
brown
reverse
many
years
navy
used
vieques
island
small
island
puerto
rico
coast
weapons
training
currently
atlantic
fleet
vessels
assigned
mediterranean
sea
indian
ocean
required
complete
training
vieques
permits
full
range
exercises
conditions
similar
combat
training
however
pilots
sometimes
miss
targets
ordnance
falls
sea
accidental
bombings
navigable
waters
occasionally
intentional
bombings
water
targets
occur
district
found
discharges
harmed
quality
water
respondents
include
governor
puerto
rico
residents
island
sued
enjoin
navy
operations
island
complaint
alleged
violations
numerous
federal
environmental
statutes
various
acts
extensive
hearing
district
found
explicit
terms
act
navy
violated
act
discharging
ordnance
waters
surrounding
island
without
first
obtaining
permit
environmental
protection
agency
epa
brown
supp
pr
fwpca
discharge
pollutant
requires
national
pollutant
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elimination
system
npdes
permit
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chemical
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wrecked
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equipment
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agricultural
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including
limited
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tunnel
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container
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stock
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feeding
operation
vessel
floating
craft
pollutants
may
discharged
supp
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emphasis
added
district
construed
fwpca
release
ordnance
aircraft
ships
navigable
waters
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pollutants
even
though
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administers
act
promulgated
regulations
setting
effluent
levels
providing
issuance
npdes
permit
category
pollutants
recognizing
violations
act
must
cured
district
ordered
navy
apply
npdes
permit
refused
however
enjoin
navy
operations
pending
consideration
permit
application
explained
navy
technical
violations
causing
appreciable
harm
environment
moreover
importance
island
training
center
granting
injunctive
relief
sought
cause
grievous
perhaps
irreparable
harm
defendant
navy
general
welfare
nation
district
concluded
injunction
necessary
ensure
suitably
prompt
compliance
navy
support
conclusion
emphasized
equity
traditionally
broad
discretion
deciding
appropriate
relief
quoted
classic
description
injunctive
relief
hecht
bowles
historic
injunctive
process
designed
deter
punish
appeals
first
circuit
vacated
district
order
remanded
instructions
order
navy
cease
violation
obtained
permit
relying
tva
hill
held
imminent
violation
endangered
species
act
required
injunctive
relief
appeals
concluded
district
erred
undertaking
traditional
balancing
parties
competing
interests
whether
navy
activities
fact
harm
coastal
waters
absolute
statutory
obligation
stop
discharges
pollutants
permit
procedure
followed
administrator
environmental
protection
agency
upon
review
evidence
granted
permit
suggested
order
interfere
significantly
military
preparedness
navy
request
president
grant
exemption
requirements
interest
national
security
case
posed
important
question
regarding
power
federal
courts
grant
withhold
equitable
relief
violations
fwpca
granted
certiorari
reverse
ii
goes
without
saying
injunction
equitable
remedy
remedy
issues
course
harrisonville
dickey
clay
mfg
restrain
act
injurious
consequences
merely
trifling
consolidated
canal
mesa
canal
injunction
issue
intervention
equity
essential
order
effectually
protect
property
rights
injuries
otherwise
irremediable
cavanaugh
looney
repeatedly
held
basis
injunctive
relief
federal
courts
always
irreparable
injury
inadequacy
legal
remedies
rondeau
mosinee
paper
sampson
murray
beacon
theaters
westover
hecht
bowles
supra
plaintiff
defendant
present
competing
claims
injury
traditional
function
equity
arrive
nice
adjustment
reconciliation
competing
claims
hecht
bowles
supra
cases
balances
conveniences
parties
possible
injuries
according
may
affected
granting
withholding
injunction
yakus
essence
equity
jurisdiction
power
chancellor
equity
mould
decree
necessities
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flexibility
rather
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hecht
bowles
supra
exercising
sound
discretion
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equity
pay
particular
regard
public
consequences
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remedy
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railroad
pullman
thus
noted
award
interlocutory
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equity
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right
even
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injury
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otherwise
result
plaintiff
injunction
asked
adversely
affect
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interest
whose
impairment
even
temporarily
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bond
compensate
may
public
interest
withhold
relief
final
determination
rights
parties
though
postponement
may
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plaintiff
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supra
omitted
grant
jurisdiction
ensure
compliance
statute
hardly
suggests
absolute
duty
circumstances
federal
judge
sitting
chancellor
mechanically
obligated
grant
injunction
every
violation
law
tva
hill
hecht
bowles
commonplace
considerations
applicable
cases
injunctions
sought
federal
courts
reflect
practice
background
several
hundred
years
history
hecht
bowles
supra
practice
congress
assuredly
well
aware
course
congress
may
intervene
guide
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congress
intended
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established
principles
hecht
bowles
supra
said
porter
warner
holding
moreover
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denied
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command
unless
statute
many
words
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inference
restricts
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principles
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inferences
doubtful
construction
brown
swann
pet
conceded
hill
completion
dam
eliminate
endangered
species
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habitat
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provisions
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species
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congress
appeared
us
chosen
snail
darter
dam
purpose
language
statute
limited
remedies
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district
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provides
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suggest
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undermine
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permit
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allowing
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waters
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fwpca
restore
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waters
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however
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ordnance
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waters
although
district
declined
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purpose
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ordered
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permanently
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navy
continue
activities
without
permit
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also
noted
none
limited
hardship
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endangered
species
act
even
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tellico
project
prohibition
fwpca
discharge
pollutants
contrast
overcome
permit
navy
ordered
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senate
report
amendments
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permit
program
enacted
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recognizes
impracticality
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scheme
whole
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congress
intended
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courts
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aspects
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also
suggest
congress
intend
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although
ultimate
objective
fwpca
eliminate
discharges
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waters
statute
sets
forth
scheme
phased
compliance
enacted
called
achievement
best
practicable
control
technology
currently
available
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best
available
technology
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achievable
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scheme
phased
compliance
suggests
statute
congress
envisioned
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discretion
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directs
administrator
epa
seek
injunction
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presenting
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health
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rule
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view
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practice
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rather
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actions
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result
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otherwise
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setting
detailed
schedule
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cure
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violation
act
brief
petitioners
see
milwaukee
illinois
statutory
scheme
contemplates
equitable
consideration
appeals
respondents
attach
particular
weight
provision
fwpca
permitting
president
exempt
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facilities
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evidences
congress
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president
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enable
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quality
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puerto
rico
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february
environmental
quality
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original
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solicitor
general
informed
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goals
milwaukee
illinois
supra
emphasis
original
omitted
senate
report
emphasized
timetables
established
throughout
act
met
threat
sanction
must
real
enforcement
provisions
must
swift
direct
establishment
comprehensive
program
congress
certainly
exist
illinois
milwaukee
decided
strongly
suggests
room
courts
attempt
improve
program
federal
common
law
milwaukee
illinois
supra
today
holding
federal
inherent
power
grant
exemptions
statutory
permit
requirement
presents
dramatic
contrast
holding
milwaukee
illinois
federal
courts
lack
authority
impose
stringent
effluent
limitations
federal
common
law
imposed
agency
charged
congress
administering
comprehensive
scheme
see
also
supra
committee
believes
declaration
section
refuse
act
useful
enforcement
tool
therefore
section
declares
discharge
pollutants
unlawful
committee
believes
important
clarify
point
one
right
pollute
committee
recognizes
impracticality
effort
halt
pollution
immediately
therefore
section
provides
exception
discharge
meets
requirements
section
section
others
listed
bill
supra
npdes
permit
serves
transform
generally
applicable
effluent
limitations
standards
including
based
water
quality
obligations
including
timetable
compliance
individual
discharger
amendments
provide
direct
administrative
judicial
enforcement
permits
exceptions
enforcement
purposes
discharger
compliance
terms
conditions
npdes
permit
deemed
compliance
sections
amendments
permit
conditions
based
short
permit
defines
facilitates
compliance
enforcement
preponderance
discharger
obligations
amendments
epa
california
ex
rel
state
water
resources
control
board
citations
omitted
individual
appraisal
wisdom
unwisdom
particular
course
consciously
selected
congress
put
aside
process
interpreting
statute
meaning
enactment
discerned
constitutionality
determined
judicial
process
comes
end
sit
committee
review
vested
power
veto
lines
ascribed
sir
thomas
robert
bolt
without
relevance
law
roper
law
know
legal
right
stick
legal
god
currents
eddies
right
wrong
find
ca
navigate
voyager
thickets
law
oh
forester
cut
great
road
law
get
devil
last
law
devil
turned
round
hide
roper
laws
flat
country
planted
thick
laws
coast
coast
man
laws
god
cut
really
think
stand
upright
winds
blow
yes
give
devil
benefit
law
safety
sake
bolt
man
seasons
act
three
plays
heinemann
ed
agree
appeals
constitutional
system
commitment
separation
powers
fundamental
us
congressional
action
judicially
decreeing
accords
common
sense
public
weal
constitution
vests
responsibilities
political
branches
tva
hill