MILWAUKEE v. ILLINOIS

No. 79-408.

451 U.S. 304 (1981)

CITY OF MILWAUKEE ET AL. v. ILLINOIS ET AL.

Supreme Court of United States.

Decided April 28, 1981.


Attorney(s) appearing for the Case

Elwin J. Zarwell argued the cause for petitioners. With him on the briefs were Richard W. Cutler, Samuel J. Recht, James H. Baxter III, Andrew M. Barnes, James B. Brennan, and Michael J. McCabe.

Joseph V. Karaganis, Special Assistant Attorney General of Illinois, argued the cause for respondents. With him on the brief for respondent State of Illinois were Tyrone C. Fahner, Attorney General, Sanford R. Gail, Special Assistant Attorney General, and Russell R. Eggert. On the brief for respondent State of Michigan were Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Stewart H. Freeman and Thomas J. Emery, Assistant Attorneys General.

Andrew J. Levander argued the cause pro hac vice for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General McCree, Assistant Attorney General Moorman, Deputy Solicitor General Claiborne, Dirk D. Snel, Martin W. Matzen, and Michele B. Corash.*

Briefs of amici curiae urging affirmance were filed by Robert Abrams, Attorney General, Shirley Siegel, Solicitor General, and Cyril H. Moore, Jr., and Mary L. Lyndon, Assistant Attorneys General, for the State of New York; and by William W. Becker for the New England Legal Foundation.

Briefs of amici curiae were filed by Richard J. Kissel and Jeffrey C. Fort for the Illinois State Chamber of Commerce; by Robert A. Hillstrom for the Metropolitan Waste Control Commission; and by Ross D. Davis, John J. Gunther, and Stephen C. Chapple for the National League of Cities et al.


JUSTICE REHNQUIST delivered the opinion of the Court.

When this litigation was first before us we recognized the existence of a federal "common law" which could give rise to a claim for abatement of a nuisance caused by interstate water pollution. Illinois v. Milwaukee, 406 U.S. 91 (1972). Subsequent to our decision, Congress enacted the Federal Water Pollution Control Act Amendments of 1972. We granted certiorari

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