ELR Citation: ELR 20204
No(s). 72 C 2503 (N.D. Ill. Feb 27, 1973)

In an action to restrain the discharge of waste water into Lake Michigan, the court denies defendant's motion to dismiss and holds that plaintiffs have a federal common-law cause of action under Illinois v. Milwaukee, 2 ELR 20201, to abate a nuisance in navigable waters. The court holds (1) a state has standing to enforce federal common law on behalf of its residents, (2) since the U.S. can intervene to protect navigable waters from pollution, it has standing to sue to abate a common-law nuisance in navigable waters on behalf of its residents, (3) the Water Pollution Control Act does not supersede common law and thus does not oust the court from common-law jurisdiction. In addition, the U.S. has standing to sue under the Refuse Act of 1899, which is not superseded by the 1972 amendments to the Water Pollution Control Act.

Counsel for Plaintiff
James Murray
Richard Williams
James Burns
U.S. Attorney's Office
U.S. Courthouse
219 South Dearborn Street
Chicago, IL 60604

Counsel for State of Illinois
Joseph V. Karaganis
Harvey M. Sheldon
Environmental Control Division
Office of Attorney General
160 LaSalle St.
Chicago, IL 60601

Counsel for Defendant
Henry L. Pitts
James T. Harrington
Hackbert, Rooks, Pitts, Fullagar & Proust
Suite 1776, 208 South LaSalle Street
Chicago, IL 60604