...federal courts disappears. This was pointedly recognized in Illinois v. Milwaukee itself, 406 US, at 107 ("new federal laws and new federal regulations may...pre-empt the field of federal common law of nuisance"), and in the lower court decision extensively relied upon in that case, Texas v. Pankey, 441 F. 2d 236,...

...federal statutes and fashion "a remedy that will effectuate that policy." [Itid. The Court does warn that "it may happen that new federal laws and new federal...pre-empt the field of federal common law of nuisance." It is therefore advisable to add a new provision to HR 5074 and HR 8331 to ensure against preemption....

...Mississippi the controversy would be resolved by the more peaceful means of a suit in this court." It may happen that new federal laws and new federal...public nuisance by water pollution. While federal law governs,9 consideration of state standards may be relevant. Cf. Connecticut v. Massachusetts, 282 US...

...possibility in his opinion denying original jurisdiction in the case of Milwaukee v. Illinois when he said "It may happen that new federal laws and new federal...pre-empt the field of federal common law of nuisance." (40COS91). Subsequent to Justice Douglas' opinion, the Congress did pass Public Law 92-500. I would...

...to abate a public nuisance in interstate or navigable waters. The Court recognized, however, that: It may happen that new federal laws and new federal...of federal common law of nuisance. But until that time comes to pass, federal courts will be empowered to appraise the equities of the suits alleging...

...federal regulations may in time pre-empt the field of federal common law of nuisance. But until that time comes to pass, federal courts will be empowered to...creation of a public nuisance by water pollution." Id., at 107. 68 L.Ed.2d at 121-122. After Milwaukee I, Illinois on May 19, 1972, filed suit against...

...Act supplanted the federal common law of nuisance. Ten years ago, in Illinois I, the Court observed that "new federal laws and new federal regulations...preempt the field of federal common law of nuisance." See, 406 US 91 at 107 (1972). Last term, in Illinois II, the Court held that the comprehensive regulatory...

...Act supplanted the federal common law of nuisance. Ten years ago, in Illinois I, the Court observed that 'new federal laws and new federal regulations...preempt the field of federal common law of nuisance.* see, 406 US 91 at 107 (1972). Last term, in Illinois II, the Court held that the comprehensive regulatory...

...to abate a public nuisance in interstate or navigable waters. The Court recognized, however, that: It may happen that new federal laws and new federal...of federal common law of nuisance. But until that time comes to pass, federal courts will be empowered to appraise the equities of the suits alleging...

...(FWPCA) supplanted the federal common law of nuisance. Ten years ago, in Illinois I, the Court observed that "new federal laws and new federal regulations...preempt the field of federal common law of nuisance." see, 406 US 91 at 107 (1972). In Illinois II, the Court held that the comprehensive regulatory scheme...