New York v. New Jersey

Background

The State of New York sued the State of New Jersey and a regional sewer agency to stop a planned trunk sewer that would carry sewage from the Passaic River area through a tunnel and discharge it into Upper New York Bay near Robbins Reef Light. New Jersey had authorized the sewer after studies; the plan originally showed a single outlet but later was changed to multiple deep-water outlets and a draft treatment plan. The United States intervened over navigation and government property concerns, negotiated a detailed treatment and dispersion agreement with New Jersey, and then withdrew its intervention.

Reasoning

The Court had to decide whether New York proved, by clear and convincing evidence, that the projected discharge would create a public nuisance harming health, commerce, or property. The record includes expert disagreement about pollution levels, oxygen content in water, and likely odors or deposits. The Court emphasized the high burden required when one State asks to control another State’s actions and found the evidence insufficient to show the stipulated treatment and deep-water, multi-outlet discharge would necessarily create the feared nuisance.

Real world impact

Because of the binding stipulation with the United States—screens, sedimentation, pumping, and discharge through about 150 outlets at least 40 feet deep—the Court denied New York’s request for an injunction. The decision leaves New Jersey free to operate the sewer under the agreed treatment and inspection terms but preserves New York’s right to return to court if the sewer in operation causes significant pollution or injury. The dismissal is without prejudice to a new suit if harmful conditions occur.