University of Baltimore Law Review


In 1972 the Supreme Court in Illinois v. City of Milwaukee established the federal common law of public nuisance for the abatement of air and water pollution. Since that time, a conflict has arisen in the federal courts regarding the scope of this cause of action. This article discusses the federal common law nuisance doctrine as applied in water pollution cases and examines its inconsistent application by the federal courts of appeals. The author criticizes the restrictive approach that some courts have taken regarding the doctrine and advocates a more expansive use of the federal common law of nuisance for environmental protection.

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