Supreme Court of United States.https://leagle.com/images/logo.png
Argued November 4, 1986
Decided January 21, 1987
Attorney(s) appearing for the Case
Roy L. Reardon argued the cause for petitioner. With him on the briefs were Albert X. Bader, Jr., and Caroline T. Mitchell.
Peter F. Langrock argued the cause for respondents. With him on the brief were Emily J. Joselson, Jeffrey L. Amestoy, Attorney General of Vermont, and Merideth Wright, Assistant Attorney General.
Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Fried, Assistant Attorney General Habicht, Richard J. Lazarus, and Jacques B. Gelin.*
A brief for the State of Tennessee et al. urging affirmance was filed by W. J. Michael Cody, Attorney General, John Knox Walkup, Chief Deputy Attorney General, Frank J. Scanlon, Deputy Attorney General, Michael D. Pearigen, Assistant Attorney General, and by the Attorneys General for their respective States as follows: John K. Van de Kamp of California, Joseph I. Lieberman of Connecticut, Jim Jones of Idaho, Neil F. Hartigan of Illinois, Thomas J. Miller of Iowa, William L. Webster of Missouri, Robert M. Spire of Nebraska, Michael C. Turpen of Oklahoma, Arlene Violet of Rhode Island, T. Travis Medlock of South Carolina, Mark V. Meierhenry of South Dakota, and Mary Sue Terry of Virginia.
Supreme Court of United States.
JUSTICE POWELL delivered the opinion of the Court.
This case involves the pre-emptive scope of the Clean Water Act, 86 Stat. 816, as amended, 33 U. S. C. § 1251 et seq. (CWA or Act).1 The question presented is whether the Act pre-empts a common-law nuisance suit filed in a Vermont court under Vermont law, when the source of the alleged injury is located in New York.
I
Lake Champlain forms part of the border...
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