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Davis v. United States

ELR Citation: 14 ELR 20616
Nos. No. 82-1423, 722 F.2d 1157/19 ERC 2151/(4th Cir., 09/14/1983)

The court rules that the holding in Middlesex County Sewerage Authority v. National Sea Clammers Association, 11 ELR 20684, that the Federal Water Pollution Control Act (FWPCA) confers no private right-of-action outside its citizen suit provision, applies to actions brought under the Federal Tort Claims Act. Appellant's earlier complaint under the FWPCA citizen suit provisions was settled, and the complaint at issue contains no allegations of wrongful conduct other than the alleged violation of the FWPCA. Therefore, his complaint fails to state a claim upon which relief could be granted and was properly dismissed.

Counsel for Appellant
James E. Bradberry, D. Wayne Moore
Moore, Moore & Bradberry
13185 Warwick Blvd., P.O. Box 2100, Newport News VA 23602
(804) 877-0255

Counsel for Appellee
Janet L. Steckel; Carol E. Dinkins, Ass't Attorney General; Elsie Munsell, John F. Kane, Dirk D. Snel
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2956

Before Phillips, Chapman, and Field, JJ.