ELR Citation: ELR 20261
No(s). 74-1244 (7th Cir. Mar 14, 1975)

A federal district court has jurisdiction, under the precedent of Illinois v. City of Milwaukee, to determine whether the plaintiff has stated a federal common-law nuisance claim for which relief can be granted against the defendant for polluting tributaries of Lake Michigan. A private citizen who seeks to intervene as a matter of right under §505(b)(1)(B) of the Federal Water Pollution Control Act Amendments of 1972 is not entitled to do so, however, since this action to abate a nuisnace under federal common law is not an action to require compliance with a "standard, limitation or order" within the meaning of that section of the statute.

Counsel for Plaintiff
Theodore K. Sendak Attorney General
A. Frank Gleaves Deputy Attorney General
Michael Schaefer Asst. Attorney General
219 Statehouse
Indianapolis, IN 46204

Counsel for Plaintiff-Intervenor
Zarko Sekerez
1000 E. 80th Place
Marysville, IN 46410

Counsel for Defendants
G. Edward McHie
McHie, Enslen & Moran
53 Muenich Court
Hammond, IN 46320

Henry L. Pitts
Michael D. Freeborn
Hackbert, Rooks, Pitts, Fullagar & Poust
208 S. LaSalle Street
Chicago, IL 60604