ELR Citation: ELR 20816
No(s). B-917 (D. Conn. Aug 21, 1974)

The court rules that it has subject matter jurisdiction to entertain a suit seeking to halt the discharge by out of state defendants of inadequately treated sewage into a river that forms part of the boundary between Connecticut and New York under the federal common law of nuisance in interstate waters. The river itself is listed as the lead plaintiff, and the court implicitly accepts the propriety of this characterization. The court goes on to find, however, that under Connecticut's long-arm statute, it has in personam jurisdiction over the village which is directly responsible for the discharge, but not over the other out of state defendants, whose connection with the discharge is less direct. Motions to dismiss are thus granted as to all defendants except the village of Port Chester. Noting that there are significant advantages to be achieved if the litigation proceeds under circumstances where all defendants can remain as parties, the court then transfers the case to the Southern District of New York, where jurisdiction can be obtained against all defendants, including those dismissed here.

Counsel for Plaintiffs
Haynes N. Johnson
Bryan, Parmalee, Johnson & Bollinger
460 Summer Street
Stamford, CT 06901

A. William Mottolese
Town of Greenwich
Town Hall
Greenwich, CT 06830

Counsel for Defendant New York Dept. of Environmental Conservation
Louis Lefkowitz Attorney General
Julius Feinstein Asst. Attorney General
The Capitol
Albany, NY 12224

Counsel for Defendant Village of Port Chester
Erwin M. Blant Corporation Counsel
Village of Port Chester
101 Westchester Avenue
Port Chester, NY 10573

Counsel for Defendant County of Westchester
F. Sherwood Alexander Asst. County Attorney
Westchester County Office Building
White Plains, NY 10601

Counsel for Defendant Interstate Sanitation Commission
Mitchell Wendell
1432 Laburnum Street
McLean, VA 22101

Peter B. Cooper
Sosnoff, Cooper & Whitney
35 Elm Street
New Haven, CT 06510