On April 24, 1972, after oral argument, we granted Vermont's motion to file a complaint against New York and the International Paper Company which alleged that as a result of discharge of wastes, largely from International's mills, that company and New York are responsible for a sludge bed in Lake Champlain and Ticonderoga Creek that has polluted the water, impeded navigation, and constituted a public nuisance. 406 U.S. 186. Issue was joined and the Honorable R. Ammi Cutter was appointed Special Master. 408 U.S. 917. Later the United States sought leave to intervene stating it had numerous interests in these waters under federal statutes. We referred the motion to the Special Master, 409 U.S. 1103, who granted intervention. During the year 1973, 75 days of testimony were received. Vermont presenting substantially all of her direct case, New York has put in about half of her direct case. Neither International nor the United States up to now has offered any evidence.
Douglas, W.O. Memorandum to the Conference. Vermont v. New York, 406 U.S. 186 (1972). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.