ELR Citation: ELR 20012
No(s). 85-7506 (2d Cir. Nov 4, 1985)

The court affirms a district court decision, 15 ELR 20377, that the Federal Water Pollution Control Act authorizes a tort action by Vermont residents for pollution from a New York facility to be brought under Vermont law, that the suit is not barred by settlement agreements in an earlier suit brought by Vermont concerning the pollution, and that plaintiffs alleged sufficient special damages to state a claim for nuisance. The court adopts the reasoning of the district judge on all points except its conclusion that settlements between New York and Vermont were incapable of precluding plaintiff's suit since there was no judicial or congressional approval. The district court's alternative rationale, based on differences between the language of these settlements and others that held tort actions precluded in another case, is enough to support its decision.

Counsel for Plaintiffs-Appellees
Susan F. Eaton
Langrock, Sperry, Parker & Wool
15 S. Pleasant St., P.O. Drawer 351, Middlebury VT 05753-0351
(802) 388-6356

Counsel for Defendant-Appellant
James W.B. Benkard
Davis, Polk & Wardwell
One Chase Manhattan Plaza, New York NY 10005
(212) 530-4000

Before Kaufman, Pratt, and Miner, JJ.