ELR Citation: ELR 20089
No(s). 353-70 (10th Cir. Feb 8, 1971)

Federal question jurisdiction of district court, 28 U.S.C. §1331(a) properly invoked by state of Texas in its suit for injunction against ranchers' use in New Mexico of chlorinated camphene pesticide which when carried by runoff from rainfall pollutes the water supply of 11 Texas municipalities. U.S. Supreme Court original jurisdiction of suits by a state against citizens of another state, U.S. Const. Art. III, §2 and 28 U.S.C. §1251(b), is not exclusive and does not limit general federal question jurisdiction of district courts. Texas's claim seeks vindication of federal common-law right of a state to the protection of its environment from pollution originating beyond its border and therefore states a claim "arising under" the Constitution and laws of the United States.

Counsel for Texas:
Crawford C. Martin
Attorney General
Nola White
Alfred Walker
Vince Taylor
Roland Allen
Sally Phillips
Malcolm Smith
Richard W. Chote
Roger Tyler
Assistant Attorneys General
Supreme Court Building
Austin, TX 78701
(512) 475-2501

Counsel for individual defendants:
James E. Sperling
John R. Cooney
Modral, Seymour, Sperling, Rochl and Harris
Public Service Building
Albuquerque, NM 87103
(505) 243-4511

Before LEWIS, Chief Judge, and PHILLIPS and JOHNSEN,^* Circuit Judges.