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COMMITTEE FOR JONES FALLS SEWAGE SYSTEM v. TRAIN

No. 74-2076.

539 F.2d 1006 (1976)

COMMITTEE FOR the CONSIDERATION OF the JONES FALLS SEWAGE SYSTEM, an association of neighborhood and community organizations and persons, et al., Appellants, v. Russell E. TRAIN, Individually and as Administrator of the United States Environmental Protection Agency, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1976.

Attorney(s) appearing for the Case

Karin P. Sheldon, Washington, D. C. (Roisman, Kessler & Cashdan, Washington, D. C., on brief), for appellants.

Searle E. Mitnick, Baltimore, Md. (Charles B. Heyman, Kaplan, Heyman, Engelman & Belgrad, Baltimore, Md., on brief), for intervenor.

Harry S. Shapiro, Chief Asst. Sol. of Baltimore County, Towson, Md. (Francis B. Burch, Atty. Gen. of Md., Randall M. Lutz, Paul Walter, Asst. Attys. Gen. of Md., Paul M. Vettori, Sp. Atty. Gen. of Md., Benjamin L. Brown, City Sol. of Baltimore, Harry S. Swartzwelder, Jr., Associate City Sol., William Hughes, Chief City Sol., J. Carroll Holzer, Baltimore, Md., and R. Bruce Alderman, County Solicitors of Baltimore County, Towson, Md., Peter Max Zimmerman and Maurice W. Baldwin, Jr., Asst. County Sols., Baltimore, Md., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges, sitting

HAYNSWORTH, Chief Judge:

The question is whether there is a body of federal common law conferring rights upon private citizens to enjoin intra-state stream pollution which is not enjoinable under the Federal Water Pollution Control Act Amendments of 1972. 33 U.S.C.A. § 1251 et seq. We hold there is not.

Jones Falls Stream, which flows into the Patapsco River and thence into Baltimore Harbor, from time to time is polluted by untreated sewage flowing over...

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