middlesex
cty
sewerage
auth
sea
clammers
argued
february
decided
june
together
joint
meeting
essex
union
counties
national
sea
clammers
association
et
al
city
new
york
et
al
national
sea
clammers
association
et
al
environmental
protection
agency
et
al
national
sea
clammers
association
et
also
certiorari
respondents
organization
whose
members
harvest
fish
shellfish
coast
new
york
new
jersey
one
individual
member
brought
suit
federal
district
petitioners
various
governmental
entities
officials
new
york
new
jersey
federal
government
alleging
damage
fishing
grounds
caused
discharges
ocean
dumping
sewage
waste
invoking
number
legal
theories
respondents
sought
injunctive
declaratory
relief
compensatory
punitive
damages
district
granted
summary
judgment
petitioners
rejected
respondents
federal
nuisance
claims
ground
cause
action
available
private
parties
claims
based
alleged
violations
federal
water
pollution
control
act
fwpca
marine
protection
research
sanctuaries
act
mprsa
refused
allow
respondents
proceed
claims
independently
provisions
acts
authorize
private
citizens
defined
persons
interest
may
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affected
sue
injunctions
enforce
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respondents
failed
give
notice
environmental
protection
agency
alleged
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suits
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reversed
respect
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provisions
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acts
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suits
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intended
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action
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attorneys
general
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plaintiffs
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basis
suit
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acts
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right
person
may
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common
law
enforce
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limitation
seek
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right
action
respect
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claims
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district
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parties
may
bring
claims
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right
action
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pp
view
elaborate
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officials
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intent
must
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clauses
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phrase
contained
since
clear
provisions
apply
persons
claim
sort
injury
reason
infer
existence
separate
cause
action
injured
opposed
plaintiffs
appeals
pp
legislative
history
acts
lead
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conclusions
respect
implied
remedies
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act
rather
history
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support
view
congress
intended
limitations
imposed
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suits
apply
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suits
acts
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express
remedies
acts
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congress
intended
supplant
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otherwise
might
available
respondents
supp
iii
violation
acts
municipalities
sewerage
boards
among
petitioners
pp
federal
common
law
nuisance
fully
area
water
pollution
fwpca
milwaukee
illinois
extent
ocean
waters
covered
fwpca
involved
mprsa
pp
powell
delivered
opinion
burger
brennan
stewart
white
marshall
rehnquist
joined
stevens
filed
opinion
concurring
judgment
part
dissenting
part
blackmun
joined
post
milton
conford
argued
cause
petitioners
nos
brief
petitioners
middlesex
county
sewerage
authority
et
al
marvin
brauth
stephen
moses
charles
carella
jeffrey
miller
filed
brief
petitioners
passaic
valley
sewerage
authority
et
al
george
minish
filed
brief
petitioners
allen
schwartz
leonard
koerner
stephen
kramer
filed
briefs
petitioners
alan
horowitz
argued
cause
petitioners
federal
respondents
nos
brief
solicitor
general
mccree
assistant
attorney
general
moorman
deputy
solicitor
general
claiborne
raymond
zagone
jacques
gelin
robert
corbin
argued
cause
respondents
national
sea
clammers
association
et
al
cases
brief
philip
ryan
edward
german
dean
murtagh
justice
powell
delivered
opinion
cases
involving
alleged
damage
fishing
grounds
caused
discharges
ocean
dumping
sewage
waste
faced
questions
concerning
availability
damages
remedy
based
either
federal
common
law
provisions
two
acts
federal
water
pollution
control
act
fwpca
stat
amended
et
seq
ed
supp
iii
marine
protection
research
sanctuaries
act
mprsa
stat
amended
et
seq
ed
supp
iii
respondents
organization
whose
members
harvest
fish
shellfish
coast
new
york
new
jersey
one
individual
member
organization
brought
suit
district
district
new
jersey
petitioners
various
governmental
entities
officials
new
york
new
jersey
federal
government
complaint
alleged
sewage
sewage
sludge
waste
materials
discharged
new
york
harbor
hudson
river
petitioners
addition
complained
dumping
materials
directly
ocean
maritime
vessels
complaint
alleged
result
activities
atlantic
ocean
becoming
polluted
made
special
reference
massive
growth
algae
said
appeared
offshore
stated
pollution
causing
collapse
fishing
clamming
lobster
industries
operate
waters
atlantic
ocean
invoking
wide
variety
legal
theories
respondents
sought
injunctive
declaratory
relief
million
compensatory
damages
million
punitive
damages
district
granted
summary
judgment
petitioners
counts
complaint
holdings
relevant
district
rejected
respondents
nuisance
claim
federal
common
law
see
illinois
milwaukee
ground
cause
action
available
private
parties
respect
claims
based
alleged
violations
fwpca
noted
respondents
failed
comply
notice
requirement
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suit
provision
act
stat
provision
allows
suits
act
private
citizens
authorizes
prospective
relief
citizen
plaintiffs
first
must
give
notice
epa
state
alleged
violator
ibid
cause
respondents
give
requisite
notice
refused
allow
proceed
claim
act
independent
provision
based
general
jurisdictional
grant
applied
analysis
respondents
claims
mprsa
contains
similar
notice
provisions
finally
rejected
possible
claim
maritime
tort
respondents
failed
plead
claim
explicitly
failed
comply
procedural
requirements
federal
state
tort
claims
acts
appeals
third
circuit
reversed
claims
based
fwpca
mprsa
federal
common
law
nuisance
maritime
tort
national
sea
clammers
assn
city
new
york
respect
fwpca
held
failure
comply
notice
provision
preclude
suits
act
addition
specific
citizen
suits
authorized
based
conclusion
saving
clause
preserving
right
person
class
persons
may
statute
common
law
seek
enforcement
effluent
standard
limitation
seek
relief
see
supra
appeals
went
apply
precedents
area
implied
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rights
action
concluded
congress
intended
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federal
courts
entertain
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cause
action
implied
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injured
pollution
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terms
applied
analysis
mprsa
concluding
district
erred
dismissing
respondents
claims
act
although
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question
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suits
damages
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mprsa
respect
federal
nuisance
claims
appeals
rejected
district
conclusion
private
parties
may
bring
claims
also
held
applying
principles
respondents
alleged
sufficient
individual
damage
permit
recover
damages
essentially
public
nuisance
thus
went
considerably
beyond
illinois
milwaukee
involved
purely
prospective
relief
sought
state
plaintiff
petitions
writ
certiorari
raising
variety
arguments
filed
group
new
jersey
sewerage
authorities
joint
meeting
essex
union
counties
new
jersey
city
mayor
new
york
federal
defendants
named
suit
granted
petitions
limiting
review
three
questions
whether
fwpca
mprsa
imply
private
right
action
independent
provisions
ii
whether
federal
nuisance
actions
concerning
ocean
pollution
legislative
scheme
contained
fwpca
mprsa
iii
whether
private
citizen
standing
sue
damages
federal
common
law
nuisance
hold
implied
right
action
statutes
federal
common
law
nuisance
fully
area
ocean
pollution
ii
federal
water
pollution
control
act
first
enacted
act
june
stat
emphasized
state
enforcement
water
quality
standards
legislation
proved
ineffective
congress
passed
federal
water
pollution
control
act
amendments
pub
stat
et
seq
amendments
shifted
emphasis
direct
restrictions
discharges
epa
california
ex
rel
state
water
resources
control
board
made
unlawful
person
discharge
pollutant
without
obtaining
permit
complying
terms
still
allowing
state
administration
enforcement
federally
approved
state
plans
amendments
created
various
federal
minimum
effluent
standards
marine
protection
research
sanctuaries
act
pub
stat
sought
create
comprehensive
federal
regulation
dumping
materials
ocean
waters
near
coastline
section
act
requires
permit
dumping
ocean
waters
material
transported
american
vessel
aircraft
addition
requires
permit
dumping
material
transported
outside
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seas
zone
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miles
coastline
extent
may
effect
territorial
sea
territory
exact
nature
respondents
claims
two
acts
clear
claims
appear
fall
two
categories
main
contention
epa
army
corps
engineers
permitted
new
jersey
new
york
defendants
discharge
dump
pollutants
amounts
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acts
addition
seem
allege
new
york
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jersey
defendants
violated
terms
permits
question
us
whether
respondents
may
raise
either
claims
private
suit
injunctive
monetary
relief
suit
expressly
authorized
either
acts
unnecessary
discuss
length
principles
set
recent
decisions
concerning
recurring
question
whether
congress
intended
create
private
right
action
federal
statute
without
saying
explicitly
key
inquiry
intent
legislature
texas
industries
radcliff
materials
california
sierra
club
universities
research
assn
coutu
transamerica
mortgage
advisors
lewis
touche
ross
redington
look
first
course
statutory
language
particularly
provisions
made
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enforcement
relief
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history
traditional
aids
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interpretation
determine
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intent
acts
contain
unusually
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authority
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purpose
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officials
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citizens
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example
authorizes
epa
administrator
respond
violations
act
compliance
orders
civil
suits
may
seek
civil
penalty
per
day
criminal
penalties
also
available
desiring
administer
permit
programs
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demonstrate
state
officials
possess
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authority
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violations
civil
criminal
penalties
means
enforcement
addition
interested
person
may
seek
judicial
review
courts
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various
particular
actions
administrator
including
establishment
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issuance
permits
discharge
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mprsa
supplemented
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fwpca
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nn
supra
provisions
authorize
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persons
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injunctions
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plaintiffs
invoking
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first
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days
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citizens
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stated
transamerica
mortgage
advisors
supra
elemental
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touche
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supra
absence
strong
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congress
intended
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cause
action
private
attorneys
general
member
public
suing
promote
general
welfare
rather
redress
injury
welfare
went
conclude
private
party
injured
alleged
violation
plaintiffs
allege
alternate
basis
suit
section
general
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question
jurisdiction
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code
section
savings
clause
preserves
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enforce
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seek
relief
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question
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brought
parties
ibid
footnotes
omitted
emphasis
added
moreover
reasoning
appeals
relied
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reason
draws
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plaintiffs
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club
morton
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conf
broad
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general
whose
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like
respondents
assert
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number
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supra
appeals
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remedy
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citizens
seek
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ash
identified
several
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implied
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remedies
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history
see
ibid
second
indication
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intent
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deny
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history
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conclusion
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act
indeed
report
debates
provide
affirmative
support
view
congress
intended
limitations
imposed
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suits
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thus
structure
acts
legislative
history
lead
us
conclude
congress
intended
private
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provided
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congress
made
clear
implied
private
actions
contemplated
courts
authorized
ignore
legislative
judgment
although
parties
suggested
remains
possible
alternative
source
express
congressional
authorization
private
suits
acts
last
term
maine
thiboutot
construed
authorizing
suits
redress
violations
state
officials
rights
created
federal
statutes
accordingly
argued
respondents
may
sue
municipalities
sewerage
boards
among
petitioners
fwpca
mprsa
virtue
right
action
created
appropriate
reach
question
applicability
maine
thiboutot
setting
despite
failure
respondents
raise
litigation
began
long
decision
moreover
controlling
argument
obviate
need
consider
whether
congress
intended
authorize
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suits
enforce
particular
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statutes
claim
brought
arguably
falls
within
scope
maine
thiboutot
involves
suit
private
party
claiming
federal
statute
violated
color
state
law
causing
injury
however
recognized
two
exceptions
application
statutory
violations
pennhurst
state
school
hospital
halderman
remanded
certain
claims
determination
whether
congress
foreclosed
private
enforcement
statute
enactment
ii
whether
statute
issue
kind
created
enforceable
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find
congress
foreclosed
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acts
need
reach
second
question
whether
acts
created
rights
privileges
immunities
within
meaning
remedial
devices
provided
particular
act
sufficiently
comprehensive
may
suffice
demonstrate
congressional
intent
preclude
remedy
suits
justice
stewart
later
joined
majority
maine
thiboutot
stated
chapman
houston
welfare
rights
organization
dissenting
opinion
state
official
alleged
violated
federal
statute
provides
comprehensive
enforcement
scheme
requirements
enforcement
procedure
may
bypassed
bringing
suit
directly
discussed
fwpca
mprsa
provide
quite
comprehensive
enforcement
mechanisms
hard
believe
congress
intended
preserve
right
action
created
many
specific
statutory
remedies
including
two
provisions
see
chesapeake
bay
foundation
virginia
state
water
control
board
supp
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rejecting
action
fwpca
chairman
state
water
board
reasoning
based
comprehensiveness
remedies
provided
federalism
concerns
raised
therefore
conclude
existence
express
remedies
demonstrates
congress
intended
foreclose
implied
private
actions
also
intended
supplant
remedy
otherwise
available
cf
carlson
green
iii
remaining
two
issues
granted
certiorari
relate
respondents
federal
claims
based
federal
common
law
nuisance
principal
precedent
claims
based
illinois
milwaukee
found
federal
courts
jurisdiction
consider
federal
issues
raised
suit
injunctive
relief
state
illinois
various
wisconsin
municipalities
public
sewerage
commissions
involving
discharge
sewage
lake
michigan
cases
need
decide
whether
cause
action
may
brought
federal
common
law
private
plaintiff
seeking
damages
held
federal
common
law
nuisance
area
water
pollution
entirely
comprehensive
scope
fwpca
completely
revised
soon
decision
illinois
milwaukee
see
milwaukee
illinois
decision
disposes
entirely
respondents
federal
claims
since
reason
suppose
effect
fwpca
less
pollution
coastal
waters
issue
extent
litigation
involves
ocean
waters
covered
fwpca
regulated
mprsa
see
cause
different
treatment
question
regulatory
scheme
mprsa
less
comprehensive
respect
ocean
dumping
analogous
provisions
fwpca
therefore
must
dismiss
federal
claims
underlying
legal
basis
statute
discussed
also
dismiss
claims
mprsa
fwpca
respondents
lack
right
action
statutes
vacate
judgment
respect
two
claims
remand
proceedings
ordered
footnotes
new
jersey
defendants
new
jersey
department
environmental
protection
david
bardin
individually
commissioner
department
bergen
county
sewer
authority
joint
meeting
essex
union
counties
passaic
valley
sewerage
commissioners
middlesex
county
sewerage
authority
sewerage
authority
middletown
sewerage
authority
federal
defendants
environmental
protection
agency
russell
train
individually
epa
administrator
army
corps
engineers
martin
hoffman
individually
secretary
army
complaint
alleged
growth
algae
caused
discharges
sewage
covered
area
atlantic
ocean
ranging
approximately
southwest
portion
long
island
new
york
point
approximately
due
east
cape
may
new
jersey
extending
miles
offshore
miles
sea
complaint
app
respondents
brief
massive
algal
bloom
died
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ubi
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bivens
six
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utilities
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northwest
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emphasis
original
see
cannon
supra
northwest
airlines
supra
section
provides
every
person
color
statute
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regulation
custom
usage
state
territory
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provided
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pennhurst
state
school
hospital
halderman
remarkable
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dominated
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plain
language
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last
term
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undoubtedly
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respondents
claim
petitioners
violated
social
security
act
maine
thiboutot
carlson
green
recognize
course
rationale
milwaukee
illinois
defendant
compliance
noncompliance
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clean
water
act
mprsa
technically
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point
petitioners
cases
allegedly
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statutes
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milwaukee
particularly
light
statutory
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history
discussed
text
brief
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solicitor
general
notes
plain
language
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clean
water
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indicates
congress
intent
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law
remedies
legislative
history
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congress
understood
federal
common
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petitioners
statutes
contain
general
statements
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indicate
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serve
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interests
section
clean
water
act
set
forth
provides
part
objective
chapter
restore
maintain
chemical
physical
biological
integrity
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waters
congress
declares
policy
regulate
dumping
types
materials
ocean
waters
prevent
strictly
limit
dumping
ocean
waters
material
adversely
affect
human
health
welfare
amenities
marine
environment
ecological
systems
economic
potentialities