Supreme Court of the United States
Washington et al. v. General Motors Corp. et al.
On Motion For Leave to File Bill of Complaint
No. 45, Orig. Argued: February 28-29, 1972. --- Decided: April 24, 1972.
Eighteen States have filed a motion for leave to file a bill of complaint against the Nation's four major automobile manufacturers and their trade association, alleging a conspiracy in violation of the federal antitrust laws, a common-law conspiracy in restraint of trade to restrain the development of motor vehicle air pollution control equipment, and a public nuisance in violation of state and federal common law. Those States seek an injunction, inter alia, requiring the defendants to accelerate a research and development program to produce effective pollution control devices and pollution-free engines and to install anti-pollution equipment in all vehicles they manufactured during the alleged conspiracy.
Held: Though the Court has original but not exclusive jurisdiction, it exercises discretion to avoid impairing its ability to administer its appellate docket. In view of the nature of the relief requested and the availability of the federal district courts as an alternative forum, the Court declines to assume jurisdiction. As a matter of law as well as of practical necessity, remedies for air pollution must be considered in the context of local situations, making it advisable that this controversy be resolved in the appropriate federal district courts. Pp. 113-116.
Motions of North Dakota and West Virginia to be joined as parties plaintiff granted. Motion for leave to file bill of complaint denied and parties remitted to other federal forum.
DOUGLAS, J., delivered the opinion of the Court, in which all Members joined except POWELL, J., who took no part in the consideration or decision of the case.
Fredric C. Tausend, Special Assistant Attorney General of Washington, argued the cause for plaintiffs. With him on the briefs were Slade Gorton, Attorney General of Washington, William L. Dwyer and David G. Knibb, Special Assistant Attorneys General; William J. Scott, Attorney General of Illinois, and Robert S. Atkins and David C. Landgraf, Assistant Attorneys General; Gary Nelson, Attorney General of Arizona, and Malcolm P. Strohson, Assistant Attorney General; Duke W. Dunbar, Attorney General of Colorado, John Moore, Deputy Attorney General, and William Tucker, Assistant Attorney General; Bertram T. Kanbara, Attorney General of Hawaii, and George Pai, Deputy Attorney General; W. Anthony Park, Attorney General of Idaho, and Richard Greener, Deputy Attorney General; Richard C. Turner, Attorney General of Iowa; Kent Frizzell, Attorney General of Kansas, and Richard Hayse, Assistant Attorney General; James S. Erwin, Attorney General of Maine; Robert H. Quinn, Attorney General of Massachusetts, and Neal Colicchio, Assistant Attorney General; Douglas M. Head, Attorney General of Minnesota; John C. Danforth, Attorney General of Missouri; Helgi Johanneson, Attorney General of North Dakota, and Paul M. Sand, First Assistant Attorney General; Paul W. Brown, Attorney General of Ohio, and Donald Weckstein, Assistant Attorney General; Herbert F. DeSimone, Attorney General of Rhode Island; James M. Jeffords, Attorney General of Vermont, and John D. Hansen, Assistant Attorney General; Andrew P. Miller, Attorney General of Virginia, and Anthony F. Troy, Assistant Attorney General; Chauncey H. Browning, Jr., Attorney General of West Virginia, Gene Hal Williams, First Deputy Attorney General, and James G. Anderson III, Assistant Attorney General.
Lloyd N. Cutler argued the cause for defendants. With him on the briefs were Howard P. Willens, Jay F. Lapin, Louis F. Oberdorfer, James S. Campbell, Julian O. Von Kalinowski, and Paul G. Bower for Automobile Manufacturers Assn., Inc.; Walter J. Williams and Forrest A. Hainline, Jr., for American Motors Corp.; Tom Killefer, William E. Huth, G. William Shea, and Philip K. Verleger for Chrysler Corp.; Robert L. Stern and Carl J. Schuck for Ford Motor Co.; Ross L. Malone, Robert A. Nitschke, Hammond E. Chaffetz, Joseph DuCoeur, Marcus Mattson, and Richard F. Outcault, Jr., for General Motors Corp.
Brief for Alabama et al. as amici curiae in support of plaintiffs' motion for leave to file bill of complaint was filed by J. Lee Rankin, David I. Shapiro, and Jerome S. Wagshal, and by the following Attorneys General for their respective States: William J. Baxley of Alabama, John E. Havelock of Alaska, Evelle J. Younger of California, Robert L. Shevin of Florida, Jack P.F. Gremillion of Louisiana, Francis B. Burch of Maryland, A.F. Summer of Mississippi, Robert List of Nevada, David L. Norvell of New Mexico, Louis J. Lefkowitz of New York, Larry Derryberry of Oklahoma, J. Shane Creamer of Pennsylvania, Daniel R. McLeod of South Carolina, Gordon Mydland of South Dakota, Crawford C. Martin of Texas, and Robert W. Warren of Wisconsin.