In Byram River v. Village of Port Chester, 394 F.Supp. 618 (S.D.N.Y. 1975), an individual and association brought suit to abate the depositing of inadequately treated sewage into a river. On a motion to dismiss, the court held, without analysis, that the plaintiffs "should be permitted to produce evidence to prove its federal common law of nuisance cause of action against the defendants." Byram River, 394 F.Supp. at 629.