illinois city milwaukee argued february decided april state illinois filed motion leave file bill complaint four wisconsin cities two local sewerage commissions allegedly polluting lake michigan illinois seeks invoke original jurisdiction ground defendants instrumentalities wisconsin suit therefore one state must brought art iii cl constitution confers original jurisdiction cases state shall party provides shall original exclusive jurisdiction controversies two original exclusive jurisdiction actions state citizens another state district original jurisdiction civil actions wherein matter controversy exceeds arises constitution laws held though wisconsin joined defendant appropriate pleadings mandatory made one political subdivisions within meaning subdivisions may sued illinois federal district original jurisdiction merely permissible mandatory pp case appropriate federal district jurisdiction give relief nuisance interstate water pollution proper forum litigation issues involved pp requirement satisfied action involving purity interstate waters pollution interstate navigable waters creates actions laws within meaning since term laws embraces claims like one involved founded federal common law well statutory origin pp state may sue defendant another state district pp federal common law applies air water ambient interstate aspects pp application federal common law abate pollution interstate navigable waters inconsistent federal enforcement powers water pollution control act pp federal environmental protection statutes may sources federal common law necessarily form outer limits law pp state environmental quality standards relevant conclusive sources federal common law federal equity courts wide range powers grant relief pollution sort pp douglas delivered opinion unanimous fred herzog argued cause plaintiff briefs william scott attorney general illinois harry slater argued cause defendants brief defendant city milwaukee john fleming richard maruszewski michael fisher burton scott filed brief defendant city kenosha jack harvey edward krenzke louis roshar filed brief defendant city racine fleming harvey odenbrett filed brief defendant sewerage commission city milwaukee ewald moerke filed brief defendant metropolitan sewerage commission county milwaukee justice douglas delivered opinion motion illinois file bill complaint original jurisdiction four cities wisconsin sewerage commission city milwaukee metropolitan sewerage commission county milwaukee cause action alleged pollution defendants lake michigan body interstate water according plaintiff million gallons raw inadequately treated sewage waste materials discharged daily lake milwaukee area alone plaintiff alleges subdivisions prohibit prevent discharges defendants take actions plaintiff asks abate public nuisance article iii cl constitution provides cases state shall party shall original jurisdiction congress provided shall original exclusive jurisdiction controversies two long philosophy original jurisdiction invoked sparingly utah construe art iii cl honor original jurisdiction make obligatory appropriate cases question appropriate concerns course seriousness dignity claim yet beyond necessarily involves availability another forum jurisdiction named parties issues tendered may litigated appropriate relief may incline sparing use original jurisdiction increasing duties appellate docket suffer washington general motors post illinois presses request leave file saying agencies named defendants instrumentalities wisconsin therefore suit wisconsin brought forum decisions doubt actions public entities might appropriate pleadings attributed state warrant joinder state party defendant missouri illinois missouri invoked original jurisdiction action state illinois sanitary district city chicago seeking injunction restrain discharge raw sewage mississippi river demurrer motion leave file bill complaint illinois argued sanitary district proper defendant illinois made party argument rejected contention seems matters complained bill proceed continue proceed acts sanitary district chicago corporation state illinois therefore follows state interested question improperly made party unable see force suggestion bill allege sanitary district acting without excess lawful authority averment conceded facts corporation agency state things according theory complainant case result mischief apprehended state action results complained thus distinguishing case louisiana texas acts sought restrained alleged officers functionaries proceeding wrongful malevolent misapplication quarantine laws texas sanitary district chicago private corporation formed purposes private gain public corporation whose existence operations wholly within control state object bill subject public work judicial supervision upon allegation method construction maintenance create continuing nuisance dangerous health neighboring state inhabitants surely case state illinois right appear traverse allegations bill right might properly made party defendant also purpose showing responsibility state new jersey proposed action defendant passaic valley sewerage commissioners bill sets much detail acts legislature state authorizing directing action part sufficient say averments bill quite undenied show defendant sewerage commissioners constitute statutory corporate agency state action actual intended must treated state shall regard present parties litigation formally opposed motion intervene grounds intervention permit suit state citizen another state contravention eleventh amendment commonwealth pennsylvania exclusive right represent interest philadelphia parens patriae intervention denied event matter sound discretion city philadelphia represents part citizens pennsylvania reside watershed area delaware river tributaries depend upon waters undertook evaluate separate interests within pennsylvania effect drawn intramural dispute distribution water within commonwealth original jurisdiction thus expanded dimensions ordinary class actions intervenor whose state already party burden showing compelling interest right apart interest class citizens creatures state interest properly represented state presence new york city litigation urged reason permitting philadelphia intervene argument misconstrues new york city position case new york city admitted litigation matter discretion request forcibly joined defendant original action since authorized agent execution sovereign policy threatened injury citizens new jersey position defendant subordinate parent state primary defendant new york city position case raises problems eleventh amendment well settled purposes diversity citizenship political subdivisions citizens respective bullard city cisco cowles mercer county wall political subdivision citizen diversity purposes make jurisdictional difference whether plaintiff defendant action case political subdivision one state able bring action founded upon diversity jurisdiction political subdivision another state therefore conclude term used read include political subdivisions course mean political subdivisions state may sued head original jurisdiction provides shall original exclusive jurisdiction actions proceedings state citizens another state named public entities wisconsin may however sued illinois federal district original jurisdiction mandatory aspect case turn ii title provides district courts shall original jurisdiction civil actions wherein matter controversy exceeds sum value exclusive interest costs arises constitution laws treaties considerable interests involved purity interstate waters seem put beyond question jurisdictional amount provided see glenwood light water mutual light heat power mississippi missouri ward black ronzio denver wright law federal courts ed note harv rev question whether pollution interstate navigable waters creates actions arising laws within meaning hold also hold includes suits brought state justice brennan speaking four members romero international terminal operating dissenting concurring reached issue concluded laws within meaning embraced claims founded federal common law contention accepted since petitioner rights judicially defined created laws within meaning another context state law recognized statutory word laws includes decisions converse situation presented federal courts extensive responsibility fashioning rules substantive law rules fully laws enacted congress citations omitted judge harvey johnsen texas pankey stated controlling principle field federal common law given necessary expansion matters federal concern relationship applicable federal statute exists ecological rights state improper impairment sources outside state territory think held matter basis standard federal common law directly constituting question arising laws believe cause action similarly arises federal law dispositive issues stated complaint require application federal common law word laws construed include laws created federal judicial decisions well congressional legislation rationale grant federal question jurisdiction insure availability forum designed minimize danger hostility toward specially suited vindication federally created rights applicable judicially created rights rights created statute citations omitted respects power state bring action ames kansas controlling kansas sued number corporations courts since federal rights involved defendants cases removed federal kansas resisted saying federal lacked jurisdiction art iii cl constitution gives original jurisdiction cases state shall party held state suing parties original jurisdiction exclusive suits may brought removed circuit courts district courts without regard character parties ibid adhere ruling iii congress enacted numerous laws touching interstate waters established surveillance army corps engineers industrial pollution including sewage rivers harbors act march stat grant power construed republic steel standard oil act reinforced broadened complex laws recently enacted federal water pollution control act stat amended tightens control discharges navigable waters lower applicable water quality standards national environmental policy act stat et congress authorizes directs policies regulations public laws shall interpreted administered accordance policies set forth act agencies federal government shall identify develop methods procedures insure presently unquantified environmental amenities values may given appropriate consideration decisionmaking along economic technical considerations sec congress evinced increasing concern quality aquatic environment affects conservation safeguarding fish wildlife resources see fish wildlife act stat act stat authorizing research migratory marine game fish fish wildlife coordination act stat amended buttressed new expanding policies corps engineers issued new rules regulations governing permits discharges deposits navigable waters fed reg et seq federal water pollution control act declares federal policy recognize preserve protect primary responsibilities rights preventing controlling water pollution act makes clear federal state law end controls pollution interstate navigable waters given time establish water quality standards state fails federal administrator promulgates one section makes pollution interstate navigable waters subject abatement endangers health welfare persons abatement authorized follows procedure unnecessary relate uses conference procedure hoping amicable settlements none reached federal administrator may request attorney general bring suit behalf abatement pollution remedy sought illinois within precise scope remedies prescribed congress yet remedies congress provides necessarily federal remedies available uncommon federal courts fashion federal law federal rights concerned textile workers lincoln mills deal air water ambient interstate aspects federal common law texas pankey recently held application federal common law abate public nuisance interstate navigable waters inconsistent water pollution control act congress provided act save may decree otherwise enforcement action tate interstate action abate pollution interstate navigable waters shall encouraged shall displaced federal enforcement action leading air case georgia tennessee copper georgia filed original suit tennessee company whose noxious gases causing wholesale destruction forests orchards crops georgia said caution demands sort part state relief injuries analogous torts must examined dwelt upon missouri illinois plain demands must recognized grounds alleged proved union made forcible abatement outside nuisances impossible thereby agree submit whatever might done renounce possibility making reasonable demands ground still remaining interests alternative force suit missouri illinois fair reasonable demand part sovereign air territory polluted great scale sulphurous acid gas forests mountains better worse whatever domestic destruction suffered destroyed threatened act persons beyond control crops orchards hills endangered source demand enforced must notwithstanding hesitation might feel suit private parties doubt whether injuries might suffering property left action law speaking problem apportioning waters interstate stream said kansas colorado successive disputes decisions practically building may improperly called interstate common law see texas new jersey escheat intangible personal property texas florida suit bill nature interpleader determine true domicile decedent basis death taxes equitable apportionment waters interstate stream often made head original jurisdiction nebraska wyoming kansas colorado supra cf arizona california applicable federal common law depends facts peculiar particular case priority appropriation guiding principle physical climatic conditions consumptive use water several sections river character rate return flows extent established uses availability storage water practical effect wasteful uses downstream areas damage upstream areas compared benefits downstream areas limitation imposed former relevant factors merely illustrative exhaustive catalogue indicate nature problem apportionment delicate adjustment interests must made may happen new federal laws new federal regulations may time field federal common law nuisance comes pass federal courts empowered appraise equities suits alleging creation public nuisance water pollution federal law governs consideration state standards may relevant cf connecticut massachusetts kansas colorado thus state high standards may well ask strict standards honored compelled lower degrading standards neighbor fixed rules govern equity suits informed judgment chancellor largely govern deny without prejudice motion leave file original suit normally might appropriate vehicle resolving controversy exercise discretion remit parties appropriate district whose powers adequate resolve issues ordered footnotes see also original jurisdiction conferred article section constitution exclusive virtue provision alone congress may provide deny exclusiveness contrary indication ohio wyandotte chemicals based preoccupation litigation public nuisance ohio law federal common law hold ample basis federal jurisdiction powers granted secretary interior federal water quality act stat assigned president administrator environmental protection agency pursuant reorganization plan see fed reg various federal environmental protection statutes necessarily mark outer bounds federal common law may provide useful guidelines fashioning rules decision said another connection textile workers lincoln mills relevant question substantive law applied suits conclude substantive law apply suits federal law courts must fashion policy national labor laws labor management relations act expressly furnishes substantive law points parties may may certain situations problems lie penumbra express statutory mandates lack express statutory sanction solved looking policy legislation fashioning remedy effectuate policy range judicial inventiveness determined nature problem federal interpretation federal law govern state law state law compatible purpose may resorted order find rule best effectuate federal policy state law applied however absorbed federal law independent source private rights citations omitted see also woods reed interstate environmental quality notes wyandotte case rev note rev thus character parties requires us apply federal law see georgia tennessee copper cf wisconsin pelican ins federalist hamilton justice harlan indicated banco nacional de cuba sabbatino overriding federal interest need uniform rule decision controversy touches basic interests federalism fashioned federal common law see also clearfield trust duhme federal deposit ins wright law federal courts ed woods reed supra note texas rev certainly demands applying federal law present pollution body water lake michigan bounded four maintain state law governs overlook fact hinderlider case written justice brandeis also wrote erie tompkins two cases decided day north dakota minnesota said one state change method draining water lands within border increases flow interstate stream natural capacity greatly exceeded water thrown upon farms another state latter state interest comfort health prosperity farm owners resort may relief creation public nuisance simple type state may properly ask injunction federal common law varying common law individual think entitled necessary recognized basis dealing uniform standard environmental rights state improper impairment sources outside domain seem imperative present era growing concern part state ecological conditions impairments outside sources impairment conflicting disputes increasing assertions proliferating contentions seem inevitable field made subject comprehensive legislation authorized administrative standards federal common law basis provide adequate means dealing claims alleged federal rights logic practicality regarding claims entitled asserted within jurisdiction seem texas pankey rule decision federal action may brought judicial district defendants reside claim arose thereby giving flexibility choice venue see also whatever may municipality sovereign immunity actions damages see van alstyne governmental tort liability decade change note suffolk rev actions seeking injunctive relief stand different footing cases virtually unanimous holding municipalities subject injunctions abate nuisances see cases collected mcquillin law municipal corporations et seq rev ed see also stat ann respects suability metropolitan sewerage commissions kind equitable relief accorded lies discretion chancellor harrisonville dickey clay mfg state causes public nuisance suable public entities suable federal district jurisdiction generally held municipality like private individual may enjoined maintaining nuisance thus proper case municipal corporation restrained injunction creating nuisance private property discharge sewage poisonous gases thereon jurisdictions obstruction drainage waters discharging sewage filth stream polluting water damage lower riparian owners dumping garbage refuse acts likewise municipality may enjoined creating operating nuisance whether municipality acting governmental proprietary capacity impairing property rights nuisance established causing irreparable injury adequate remedy law may enjoined irrespective resulting damage injury municipality mcquillin supra