Whalen owned a farm on a creek in New York. He used water from the creek to water plants and livestock. Union Bag built a pulp mill upstream, employing about 500 people. The mill polluted the creek so that Whalen could not use the water. Whalen sued Union Bag for damages and requested that the court issue an injuction to stop the pollution. The trial court (special term) awarded damages of $312 per year and issued an injunction to take effect in one year. Either the pollution had to be stopped or the mill was to be shut down. The appellate court eliminated the injunction and reduced damages to $100 per year. Whalen appealed to the highest court in New York.

1. The New York high court held that the polluter must stop the damaging pollution or cease operation. If the common law was this tough, why would we need federal regulation of water pollution?
2. Should damages be the only resort in such cases? Assuming that the real loss to Whalen was $312 per year, why should he be able to get an injunction that would put hundreds of people out of work?