Middlesex County Sewerage Authority v. National Sea Clammers Association

One question that the Supreme Court considered in Middlesex County Sewerage Authority v. National Sea Clammers Association' was whether a private group of fishermen could recover damages under federal law for business injuries allegedly caused by pollution of New York Harbor and adjacent waters. Plaintiffs argued, among other theories of recovery, that a private cause of action should be implied from the Federal Water Pollution Control Act (FWPCA)2 and from the Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA). 3 The Supreme Court concluded, however, that the comprehensive private enforcement remedies of these Acts precluded implied private remedies for their violation.4 Although the plaintiffs had not sought to state a cause of action under 42 U.S.C. § 1983-which authorizes private damages actions for intrusions on federal constitutional and statutory rights committed under color of state law--the Court went on to consider the availability of such a remedy, holding that it also was precluded by the public and private enforcement remedies of the Acts. 6 The Sea Clammers opinion reflects the development of two important trends: the Court's increasing reluctance to find that a private cause of action should be implied from a federal statute,7 and the ascendancy of