Ohio v. Wyandotte Chemicals Corp.

United States Supreme Court

401 U.S. 493

Ohio  v.  Wyandotte Chemicals Corp. et al.

Motion for Leave to File Bill of Complaint

No. 41, Orig.  Argued: January 18, 1971. --- Decided: March 23, 1971

The State of Ohio filed a motion for leave to file a bill of complaint invoking the Court's original jurisdiction against defendant companies, incorporated in Michigan, Delaware, and Canada, to abate an alleged nuisance resulting in the contamination and pollution of Lake Erie from the dumping of mercury into its tributaries. The Court declines to exercise its jurisdiction in this case since the issues are bottomed on local law that the Ohio courts are competent to consider; several national and international bodies are actively concerned with the pollution problems involved here; and the nature of the case requires the resolution of complex, novel, and technical factual questions that do not implicate important problems of federal law, which are the primary responsibility of the Court. Pp. 495-505.

Denied.

HARLAN, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACK, BRENNAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 505.

Paul W. Brown, Attorney General of Ohio, argued the cause and filed a brief for plaintiff.

John M. Moelmann argued the cause for defendant Wyandotte Chemicals Corp. With him on the briefs were Thomas J. Weithers and Milton F. Mallender. Ian W. Outerbridge, by special leave of Court, argued the cause for defendant Dow Chemical Co. of Canada, Ltd. With him on the briefs was Richard W. Galiher. Harley J. McNeil argued the cause and filed briefs for defendant Dow Chemical Co.

Peter L. Strauss argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Griswold, Assistant Attorney General Kashiwa, and James R. Moore.

Frank J. Kelley, Attorney General, Robert E. Derengoski, Solicitor General, and M. Robert Carr, Assistant Attorney General, filed a brief for the State of Michigan as amicus curiae.

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