New York State Division of Pure Waters Legal Files

The Division of Pure Waters is responsible for monitoring and regulating water and air pollution and waste management in the Department of Environmental Conservation. Such oversight was required by the Federal Water Pollution Control Act of 1965 which required each state to adopt, after public hearings, water quality standards applicable to interstate waters within or on its borders. The act was designed to encourage and support states in establishing water quality standards in order to protect public health, prevent the spread of pollution, and to improve water quality.

These records relate to the lawsuit Vermont v. International Paper Company and New York State. Vermont claimed that the International Paper Mill located in Ticonderoga, NY, polluted Lake Champlain waters, impeded navigation and constituted a public nuisance by lowering property values of homes and businesses in Vermont. Because the lawsuit involved the laws of two different states, the case had to go before federal court and went on to the Supreme Court. The Supreme Court referred the motion to the Special Master who granted intervention.

The Special Master submitted a Proposed Consent Decree to the Supreme Court which was not approved by the Court. Instead it was suggested that since Vermont and New York (along with Connecticut, Maine, Massachusetts, New Hampshire and Rhode Island) are already parties to the New England Interstate Water Pollution Control Compact, that they settle the dispute within this group. A second suggestion was made that they settle this dispute among the three parties involved.

This series consists of the department file for the lawsuit Vermont v. International Paper Company and New York State. The records consist of the case evidence retained by the Department of Environmental Conservation including testimonies, exhibits, work papers, surveillance reports, technical data, and final settlement agreements.

Partial folder list is available at the repository.

This series was transferred under records disposition number 12482, and includes records from transfer list 790006.

There are no restrictions regarding access to or use of the material.