ELR Citation: ELR 20045
No(s). 72 C 1253 (N.D. Ill. Nov 1, 1973)

The Federal Water Pollution Control Act Amendments of 1972 do not preempt the state of Illinois' federal common-law right to seek abatement of a nuisance in the form of raw sewage discharged into Lake Michigan. Nor do water pollution control regulations promulgated by EPA constitute such a preemption. The statutory language in the first instance and judicial decisions in the second show clearly that Illinois continues to enjoy the right to seek such relief, and defendants' motion to dismiss is denied.

Counsel for Plaintiffs
William J. Scott Attorney General
160 N. La Salle St.
Chicago, IL 60601

Counsel for Defendants
James Brenna
City Hall
200 E. Wells St.
Milwaukee, WI 53202