In The

Supreme Court of the United States

CHEMICAL MANUFACTURERS ASSOCIATION

v.

NATURAL RESOURCES DEFENSE COUNCIL, INC.

Decided February 27, 1985


Justice O’Connor, Dissenting

CASE DETAILS
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

Next opinion >< Previous opinion

DISCLAIMER: Only United States Reports are legally valid sources for Supreme Court opinions. The text below is provided for ease of access only. If you need to cite the exact text of this opinion or if you would like to view the opinions of the other Justices in this case, please view the original United States Report at the Library of Congress or Justia. The Sandra Day O'Connor Institute does not in any way represent, warrant, or guarantee that the text below is accurate."

Opinion

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.

Supreme Court icon marking end of opinion

Header photo: United States Supreme Court. Credit: Patrick McKay / Flickr - CC.