California v. Sierra Club - 451 U.S. 287, 101 S. Ct. 1775 (1981)

Rule:

Section 10 of the Rivers and Harbor Act is the kind of general ban which carries with it no implication of an intent to confer rights on a particular class of persons

Facts:

Respondents, an environmental organization and two private citizens, sought to enjoin the construction and operation of water diversion facilities, which were part of the California Water Project (CWP), relying upon § 10 of the Rivers and Harbors Appropriations Act of 1899. The District Court concluded, among other things, that a "private cause of action" existed to enforce § 10. The United States Court of Appeals for the Ninth Circuit agreed. Certiorari was granted. 

Issue:

Did a private cause of action exist to enforce § 10 of the Rivers and Harbors Appropriations Act of 1899? 

Answer:

No.

Conclusion:

On certiorari, the United States Supreme Court reversed and remanded. The Court held that a private right of action cannot be implied on behalf of those allegedly injured by a claimed violation of § 10 of the Rivers and Harbors Appropriations Act of 1899, since the statute stated no more than a general proscription of certain activities, and did not unmistakably focus on any particular class of beneficiaries whose welfare Congress intended to further. Moreover, the legislative history of § 10 did not suggest that it was created for the benefit of a particular class, but rather to benefit the public at large through a general regulatory scheme.