International Paper Co. v. Ouellette
United States Supreme Court
479 U.S. 481 (1987)
Vermont residents (plaintiffs) sued International Paper Company (IPC) (defendant) in Vermont state court for nuisance, alleging that pollutants IPC discharged into Lake Champlain from its New York pulp and paper plant traveled underwater to Vermont's shore, diminishing nearby home values through unhealthy, foul-smelling water. IPC removed to federal court and moved for summary judgment, arguing the Clean Water Act (CWA) preempted the plaintiffs' Vermont-law claims. The district court denied the motion, holding a state could pursue interstate water-pollution claims under the law of the state where the injury occurred, and the court of appeals affirmed.
Whether the Clean Water Act precludes a court from applying the law of an affected state against an out-of-state source of pollution.