Milwaukee II: The Abatement of Federal Common Law Actions for Interstate Pollution

The federal common law of nuisance, a concept first expressly recognized a decade ago, has been fertile ground for litigation seeking abatement or other redress from the effects of pollution. Although the doctrine first evolved in controversies in which states sought abatement of interstate pollution, in recent years, it has been the basis for suits addressing a wider range of problems. The viability of federal nuisance suits has been severely limited, however, by a recent United States Supreme Court decision.