ELR Citation: ELR 20124
No(s). 41 Orig (U.S. Mar 23, 1971)

The state of Ohio's motion for leave to file a bill of complaint in the original jurisdiction of the Supreme Court, against three chemical manufacturers incorporated outside the state, is denied without prejudice. The state of Ohio sought to abate mercury pollution in Lake Erie that allegedly originates at the corporations' plants situated on the Lake's feeder streams. The court declined to exercise its original jurisdiction, (1) because the theories of liability advanced are premised on local law that Ohio's courts are competent to consider, (2) because various national and an international governmental units are actively investigating the pollution involved, and (3) because resolution of the case would require novel and complex factual determinations that do not raise the important problems of federal law which are the primary responsibility of the Court.

Counsel for the State of Ohio:
Paul W. Brown Attorney General
State House Annex
Columbus, OH 43216
(614) 469-4320

Counsel for Defendants:
John M. Moelman
Thomas J. Weithers
1 North La Salle
Chicago, IL 60602
(312) 356-5800

Milton F. Mallender
1022 Ford Building
Detroit, MI 48226
(313) 962-3674

Richard W. Galiher
1215-19th Street, NW
Washington, DC 20036
(202) 337-8330

Counsel for the United States as Amicus Curiae:
Erwin N. Griswold Solicitor General
Department of Justice
Washington, DC 20530
(202) 737-8200