In Whalen v. Union Bag & Paper Co., the New York Court of Appeals held that a pulp mill made such a significant economic contribution that it could not be forced to pay one small farmer damages for emitting pollutants into a creek that he used.

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In Whalen v. Union Bag & Paper Co., the New York Court of Appeals did not hold that the economic contributions of the pulp mill exempted it from paying damages. Instead, the court found that the mill could be held liable for pollution that caused harm to Whalen's property, emphasizing that property rights are not absolute and must be balanced against public interest, but not granting immunity based on economic contribution.

In Whalen V