ELR Citation: ELR 20359
No(s). Civ. 6009 (E.D. Tenn. May 17, 1971)

Provisions in Rivers and Harbors Act of 1899 awarding individual one-half criminal fine imposed upon polluter his information helped convict does not afford individual right to maintain civil qui tam action for the reward in face of U.S. Attorney's unwillingness to bring action against alleged polluter. Conservation groups have no standing to challenge alleged nuisance that has no special effect upon themselves or their members. Mandamus will not issue to federal officials to compel establishment of standards for issuance of permits contemplated by the Act, or prosecution of alleged violators of Act becuase the two functions are discretionary rather than ministerial. Court lacks jurisdiction over federal defendants in this action due to doctrine of sovereign immunity.

Counsel for Plaintiffs:
Finnell, Thompson and Scott
213 Broad Street
Cleveland, TN 37311
(615) 472-3391

Counsel for Corporate Defendants:
Bishop, Thomas, Leitner, Mann & Milburn
330 Pioneer Bldg.
Chattanooga, TN 37402
(615) 265-0214

H. Wayne Grant
Stophel, Caldwell and Heggis
450 Maclellan Bldg.
Chattanooga, TN 37402
(615) 267-6723

Witt, Garther. Abernathy and Wilson
American National Bank Bldg.
Chattanooga, TN 37402
(615) 265-8881

Chambliss, Bahner and Crawford
1111 Maclellan Bldg.
Chattanooga, TN 37402
(615) 267-8551

Ralph Shumacker
Tanner and Jahn
12th Floor, Volunteer Bldg.
Chattanooga, TN 37402
(615) 266-0754

Charles Wray
Bass, Berry and Simms
Suite 1000 American Trust Bldg.
Nashville, TN 37201
(615) 244-5370

Counsel for Government Defendants:
U.S. Attorney
Federal Building
Chattanooga, TN 37402
(615) 266-3151