In The

Supreme Court of the United States




Decided February 27, 1985

Justice O’Connor, Dissenting

Topic: Economic Activity*Court vote: 5–4
Note: No other Justices joined this opinion.
Citation: 470 U.S. 116 Docket: 83–1013Audio: Listen to this case's oral arguments at Oyez

* As categorized by the Washington University Law Supreme Court Database

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JUSTICE O'CONNOR, dissenting.

I join Parts I, II, and III of JUSTICE MARSHALL's dissent. They accurately demonstrate that the Court's interpretation of § 301(1) of the Clean Water Act, 33 U.S.C. § 1311(1), is inconsistent with the language of the statute and its legislative history. In my opinion, this alone is sufficient grounds for affirming the judgment of the Court of Appeals. I express no view as to Part IV of the dissent, because I think it is not necessary to the disposition of these cases.

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