STATE OF GEORGIA
v.
TENNESSEE COPPER COMPANY AND THE DUCKTOWN SULPHUR, COPPER AND IRON COMPANY, LIMITED

U.S. | 1916-04-03
No. 1
240 U.S. 650 Supreme Court of the United States (1916) Positive Treatment
Also reported at: 60 L. Ed. 846 · 36 S. Ct. 465 · 1916 U.S. LEXIS 1495 · SCDB 1915-144
Cited by 6 cases

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Synopsis

Georgia sued copper companies for air pollution from smelting operations that damaged forests and property in Georgia, and the Supreme Court ordered the defendant companies to substantially reduce sulfur dioxide emissions, limit daily discharge to specific amounts depending on season, maintain detailed records of operations and weather conditions, and pay inspection costs and the inspector's compensation.

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Opinion of the Court

This cause coming on to be heard on the report of the Inspector heretofore appointed to observe operations of the plant and works of defendant The Ducktown Sulphur, Copper and Iron Company, Limited, and upon consideration thereof

It is now here ordered, adjudged, and decreed (and all former decrees are accordingly modified) as follows:

1. That defendant The Ducktown Sulphur, Copper and Iron Company, Limited, hereafter shall not permit escape into the air from its works of fumes carrying more than 45% of the sulphur contained in green ores subjected to smelting.

2. That it shall not hereafter from April 10 to October 1 in any year permit escape into the air of gases the total sulphur content of which shall exceed 25 tons during one day and not more than 50 tons per day shall be permitted to escape at other times.

3. That it shall keep a daily record of the amount of green ores smelted, sulphur in green ore, acid made, sulphur in acid, per centum of sulphur recovered, sulphur escaping, and per centum of sulphur escaping so that statements may be compiled therefrom substantially the same as Table 3, page 19, printed report of the Inspector. It shall also-keep a weather record showing direction and velocity of wind, humidity, temperature and pressure at intervals of six hours. These records, verified by the oath of a responsible officer or employee of the defendant, shall be reported to the Clerk of this Court immediately after the end of each calendar month.

4. That it shall deposit with the Clerk of this Court an additional sum of $125.40 to cover expenses and compensation of Inspector. 5. That the Clerk shall pay to Dr. John T. McGill, Inspector heretofore appointed, the sum of $3,375.40— $3,000 being compensation for services, and $375.40 to meet expenses incurred in excess of payments heretofore made to him.

6. The costs of the proceedings in the cause from February 24, 1914, to this date will be charged to defendant The Ducktown Sulphur, Copper and Iron Company, Limited; costs accruing prior to February 24, 1914, will be divided equally between The Tennessee Copper Company and The Ducktown Sulphur, Copper and Iron Company, Limited.

7. The cause will be retained on the docket until further order of the court.

April 3, 1916.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Am. Elec. Power Co., Inc. v. Connecticut, 564 U.S. 410 (U.S. 2011)
    …i to enjoin Chicago from discharging untreated sewage into interstate waters); New Jersey v. City of New York, 283 U. S. 473, 477, 481-483 (1931) (ordering New York City to stop dumping garbage off New Jersey coast); Georgia v. Tennessee Copper Co., 240 U. S. 650 (1916) (ordering private copper companies to curtail sulfur-dioxide discharges in Tennessee that caused harm in Georgia). See also Milwaukee I, 406 U. S., at 107 (post-Erie decision upholding suit by Illinois to abate sewage discharges into Lake M…
  • Swetland v. Curtiss Airports Corp. (N.D. Ohio 1930)
    …mbeck v. Nye, 47 Ohio St. 336, 24 N. E. 686, 8 L. R. A. 578, 21 Am. St. Rep. 828; and Pollock v. Cleveland Ship Building Company, supra. If the court has the power and authority to retain this cause upon the docket (Georgia v. Tennessee Copper Co., 240 U. S. 650, 651, 36 S. Ct. 465, 60 L. Ed. 846; Kansas v. Colorado, 206 U. S. 46, at pages 117, 118, 27 S. Ct. 655, 51 L. Ed. 956), and either party makes a request for such retention, this cause may be so retained for the purpose of granting other or further r…
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