U.S. Code » Title 33 » Chapter CHAPTER 27— OCEAN DUMPING

33 U.S.C. § 1401

Congressional finding, policy, and declaration of purpose

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(a) Dangers of unregulated dumping

Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities.

(b) Policy of regulation and prevention or limitation

The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities.

(c) Regulation of dumping and transportation for dumping purposes

It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.

(Pub. L. 92–532, § 2, Oct. 23, 1972, 86 Stat. 1052; Pub. L. 93–254, § 1(1), Mar. 22, 1974, 88 Stat. 50.)Editorial NotesReferences in Text

This Act, referred to in subsec. (c), means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation.

Amendments

1974—Subsec. (b). Pub. L. 93–254 struck out statement of the purpose of this Act as being the regulation of transportation of material from the United States for dumping into ocean waters, and the dumping of material, transported from outside the United States, if the dumping occurs in ocean waters over which the United States has jurisdiction or over which it may exercise control, under accepted principles of international law, in order to protect its territory or territorial sea, now covered by subsec. (c) of this section.

Subsec. (c). Pub. L. 93–254 added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 1974 Amendment

Pub. L. 93–254, § 2, Mar. 22, 1974, 88 Stat. 51, provided in part that amendment of subsecs. (b) and (c) of this section and sections 1402, 1411, and 1412(a), other than last sentence of subsec. (a), of this title, by Pub. L. 93–254 shall become effective Mar. 22, 1974.

Short Title of 1988 Amendment

Pub. L. 100–688, title I, § 1001, Nov. 18, 1988, 102 Stat. 4139, provided that: “This title [enacting sections 1414b and 1414c of this title, amending sections 1268, 1412a, and 1414a of this title, and amending provisions set out as a note under section 2267 of this title] may be cited as the ‘Ocean Dumping Ban Act of 1988’.”

Short Title

Pub. L. 92–532, § 1, Oct. 23, 1972, 86 Stat. 1052, provided: “That this Act [enacting this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation] may be cited as the ‘Marine Protection, Research, and Sanctuaries Act of 1972’.”

Executive DocumentsTerritorial Sea and Contiguous Zone of United States

For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.

Environmental Effects Abroad of Major Federal Actions

For provisions relating to environmental effects abroad of major federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957, set out as a note under section 4321 of Title 42, The Public Health and Welfare.

Federal Compliance With Pollution Control Standards

For provisions relating to the responsibility of the head of each Executive agency for compliance with applicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare.

Notes of Decisions
Cited in 54 cases (2 in the last 5 years), 1974–2025 · leading case: Middlesex Cnty. Sewerage Auth. v. Nat'l Sea Clammers Assn., 453 U.S. 1 (1981).
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Middlesex Cnty. Sewerage Auth. v. Nat'l Sea Clammers Assn., 453 U.S. 1 (1981). · cites it 6× “1052 , as amended, 33 U. S. C. § 1401 et seq. (1976 ed. and Supp.”
Boler v. Earley, 865 F.3d 391 (6th Cir. 2017). “In Sea Clammers, the Court examined claims—brought under the Federal Water Pollution Control Act (FWPCA), 33 U.”
Fitzgerald v. Barnstable Sch. Comm., 555 U.S. 246 (2009). “1052 , as amended, 33 U. S. C. § 1401 et seq. (2000 ed. and Supp.”
Ricardo Diaz v. Michigan Dep't of Corr., 703 F.3d 956 (6th Cir. 2013). “Even if Appellants had the right to seek damages from state officials for alleged violations of the FMLA’s self-care provision, the Sea Clammers/Rancho Palos Verdes doctrine would prevent Appellants from enforcing that right using a § 1983 action. In Middlesex County Sewerage…”
Anthony Hildebrand v. Allegheny Cnty., 757 F.3d 99 (3d Cir. 2014). “(1976), and the Marine Protection, Research, and Sanctuaries Act of 1972, 33 U.S.C. § 1401 et seq. (1976). 453 U.S.”
Barcelo v. Brown, 478 F. Supp. 646 (D.P.R. 1979). · cites it 2× “34793 ); the Marine Protection, Research and Sanctuaries Act of 1972 ( 33 U.S.C. §§ 1401 , 1411 and 1412); the Clean Air Act ( 42 U.”
Communities for Equity v. Michigan High Sch. Athletic Ass'n, 459 F.3d 676 (6th Cir. 2006). “In Sea Clammers, the plaintiffs were fishermen who worked off the coast of New York and New Jersey. They brought suit under the Federal Water Pollution Control Act (the FWPCA), 33 U.”
Hootstein v. Amherst-Pelham Reg'l Sch. Comm., 361 F. Supp. 3d 94 (D.D.C. 2019). “and Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. § 1401 , et seq. ) in Middlesex County Sewerage Authority v.”
Fed. Sec. L. Rep. P 98,777, 11 Fed. R. Evid. Serv. 781 Chemetron Corp., Cross-Appellant v. Bus. Funds, Inc., Cross-Appellees, 682 F.2d 1149 (5th Cir. 1982). “§ 1251 nor the Marine Protection, Research and Sanctuaries Act of 1977, 33 U.S.C. § 1401 created a private cause of action for damages.”
Manatee Cnty. v. Gorsuch, 554 F. Supp. 778 (M.D. Fla. 1982). · cites it 3× “§ 4331 , [NEPA], the Marine Protection Research, and Sanctuaries Act of 1972, 33 U.S.C. § 1401 et seq., [Ocean Dumping Act], and the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, Art.”
James E. Zombro v. Baltimore City Police Dep't Bishop L. Robinson, Comm'r, Baltimore City Police Dep't, 868 F.2d 1364 (4th Cir. 1989). “, and the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. § 1401 , et seq. The framework available under the ADEA is no less specific and comprehensive.”
Kimberly Mattoon v. City of Pittsfield, 980 F.2d 1 (1st Cir. 1992). “, and the Marine Protection, Research and Sanctuaries Act ("MPRSA"), 33 U.S.C. §§ 1401 ét seq. 4 . Nor are appellants aided by the savings clause in the SDWA.”
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