In the 1980 case Middlesex County Sewerage Authority et al. v. National Sea Clammers Association, the U.S Supreme Court ruled that federal law does not allow private citizens to sue for damages caused by pollution if the government is already prosecuting a case under two specific statutes: The Federal Water Pollution Control Act and Marine Protection, Research and Sanctuaries Act of 1972 (also known as Ocean Dumping Act). The National Sea Clammers Association had filed a lawsuit against several municipal agencies in New Jersey alleging that they were responsible for polluting coastal waters with untreated sewage, which was harming their ability to harvest clams. However, these municipalities were already being sued by federal authorities under aforementioned acts. The court held that since Congress provided "unusually elaborate enforcement provisions" in these laws allowing governmental prosecution of violators; it did not intend to permit additional private lawsuits seeking remedies beyond those specified within them.

In the dissenting opinion for Middlesex County Sewerage Authority et al. v. National Sea Clammers Association, Justice Thurgood Marshall argued that the Federal Water Pollution Control Act and Marine Protection, Research and Sanctuaries Act do not preclude private citizens from pursuing remedies under federal common law for pollution-related injuries. He contended that Congress did not intend to eliminate such rights when it enacted these statutes but rather sought to supplement existing legal protections against water pollution. Furthermore, he disagreed with the majority's interpretation of legislative intent based on a single provision in one statute while ignoring other relevant provisions and legislative history indicating an intention to preserve common-law rights. The justice also criticized the majority's reliance on a presumption against implied causes of action as inconsistent with prior case law recognizing such actions under federal environmental laws.