ELR Citation: ELR 20794
No(s). 1694 (D. Mont. Aug 27, 1970)

The district court lacks jurisdiction under either the Fourteenth Amendment or §§1981 and 1983 of the Civil Rights Act in a suit to enjoin the operation of a kraft process pulp and paper mill. An invitation from the mayor and City Commission to build the mill, along with a state license for it and the state's failure to abate its alleged pollution, does not constitute the requisite state action. The court rules that though plaintiff has standing, the suit is improperly brought as a class action, and that in any event the concept of primary administrative jurisdiction should be applied in this case, based on the Air Quality Act of 1967. The court notes that inhabitants near the mill have common-law nuisance suits or other state proceedings open to them to abate the alleged noxious fumes.

Counsel for Plaintiff
Karl R. Karlberg
Boone, Karlberg & Haddon
First National Bank Building
Missoula, MT 59807

Counsel for Defendant
Garlington, Lohn & Robinson
199 West Pine
Missoula, MT 59807