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int'l Paper Co. Vs. Ouellette
Cites for this judgment
- US Supreme Court
- Jan 21, 1987
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U.S. 481 (1987) U.S. Supreme Court Int'l Paper Co. v. OuelletteSearch
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U.S. 481 (1987) International Paper Co. v. OuelletteSearch
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the city under Illinois statutory and common law, seeking to abate the alleged pollution of Lake Michigan. Illinois v. MilwaukeeSearch
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Missouri v. IllinoisSearch
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interstate dispute between a State and a private company should be resolved by reference to state nuisance law. Ohio v. WyandotteSearch
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citing Erie R. Co. v. TompkinsSearch
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file an original action in this Court, seeking to enjoin the city from discharging sewage into Lake Michigan. Illinois v. MilwaukeeSearch
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Milwaukee v. IllinoisSearch
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EPA v. CaliforniaSearch
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emphasis added), Lake Erie Alliance for Protection of Coastal Corridor v. U.SSearch
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State v. ChampionSearch
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necessary for a federal statute to provide explicitly that particular state laws are preempted. Hillsborough County v. AutomatedSearch
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Brief any citation in this list with AI Studio
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Ibid. (quoting Rice v. SantaSearch
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Ray v. AtlanticSearch
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Hillsborough County v. AutomatedSearch
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Medical Laboratories, Inc., supra, at 471 U. S. 713 (quoting Hines v. DavidowitzSearch
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the Act in determining whether it in fact preempts an action based on the law of an affected State. Cf. City of Rome v. UnitedSearch
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Page 479 U. S. 494 See Hillsborough County v. AutomatedSearch
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with the methods by which the federal statute was designed to reach this goal. See Michigan Canners & Freezers Assn. v. AgriculturalSearch
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see also Committee for Jones Falls Sewage Page 479 U. S. 498 System v. TrainSearch
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The decisions in Illinois v. MilwaukeeSearch
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U. S. 91 (1972) ( Milwaukee I ), and Milwaukee v. IllinoisSearch
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term has been construed expansively to cover waters that are not navigable in the traditional sense. See United States v. RiversideSearch
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Accord, North Dakota v. MinnesotaSearch
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Georgia v. TennesseeSearch
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Cf United States v. JacobsenSearch
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See Rice v. SantaSearch
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Silkwood v. Kerr-McGeeSearch
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Middlesex County Sewerage Authority v. NationalSearch
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alter the traditional tort law principle that a party may bring suit in the State where the injury occurred. See Young v. MasciSearch
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in a way inconsistent with the Act. The Government cites Silkwood v. Kerr-McGeeSearch
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those required by the Act, regardless of whether the purpose of the relief was compensatory or regulatory. See Perez v. CampbellSearch
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grant of authority to the Federal Government and the source State. Cf. Chicago & North Western Transportation Co. v. KaloSearch
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See Hillsborough County v. AutomatedSearch
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district court must apply the conflict-of-law rules of the State in which the court sits. See Day & Zimmerman, Inc. v. ChallonerSearch
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Klaxon Co. v. StentorSearch
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Keeton v. HustlerSearch
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Allstate Ins. Co. v. HagueSearch
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Huron Portland Cement Co. v. DetroitSearch
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for application of the affected State's own tort laws in suits against the source State's polluters. See Askew v. AmericanSearch
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Watson v. EmployersSearch
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laws cannot be superseded by a federal act unless that was the clear and manifest purpose of Congress. See Silkwood v. Kerr-McGeeSearch
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U. S. 503 , the Court's reliance upon preemption by implication cannot justify its conclusion. Cf. Silkwood v. Kerr-McGeeSearch
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Electric Co. v. EnergySearch
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Silkwood v. Kerr-McGeeSearch
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Pacific Gas & Electric Co. v. EnergySearch
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the Act or the affected State's law -- the polluter necessarily complies with the more lenient standards. See Silkwood v. Kerr-McGeeSearch
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