ELR Citation: ELR 20178
No(s). 71-C-88 (W.D. Wis. Apr 5, 1971)

Request for interim relief from state prosecution under Wisconsin statute which regulates pollution of the Mississippi River by boats denied, because record inadequate to support finding that application of statute to plaintiff would constitute (1) violation of equal protection clause of the fourteenth amendment to the Constitution, (2) unreasonable burden upon interstate commerce, or (3) that by enactment of the Water Quality Improvement Act of 1970 Congress has pre-empted the field of regulation of the discharge of sewage from boats operating on navigable waters.

Counsel for Plaintiff:
Lloyd E. Wheeler
25 W. Main Street
Madison, Wisconsin 53703
(608) 255-7277

Counsel for Defendant:
Paul J. Gossens
Assistant Attorney General
State Capitol
Madison, Wisconsin 53702
(608) 266-1212