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Abstract

As a result of the Supreme Court's landmark decision in Illinois v. City of Milwaukee, federal common law, a new and potentially effective remedy, has been made available to parties seeking relief in water pollution cases in the federal courts. However, the possibility of non-sovereign parties using federal common law remedies to protect the waterways may be severely diminished as several federal courts have restricted such remedies to suits involving interstate waterways. This Note will examine the effect of these decisions on the ability of parties to initiate waterway pollution suits based on the federal common law and consider whether such decisions correctly interpret the intent of Illinois.

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