ELR Citation: ELR 20194
No(s). 8968 (Pa. Commw. Ct. Apr 13, 1971)

Coal mine owner ordered to resume treatment of acid drainage from an inactive mine to prevent pollution of the West Branch of the Susquehanna River pending trial to determine owner's liability under state's water pollution statutes and common-law nuisance doctrines. In light of the public interest in clean water, plaintiff has made a sufficient showing of potential irreparable harm and likelihood of success on the merits to warrant the grant of interim relief.

Counsel for Pennsylvania:
Fred Speaker Attorney General
William M. Eichbaum Director of Environmental Pollution Strike Force
Department of Environmental Resources
P.O. Box 2351
Harrisburg, PA 17120
(717) 787-8765

Counsel for Barnes & Tucker Co.:
Clay R. Mellot
C. Arthur Wilson
Eckert, Seamans, Cherin & Mellot
10th Floor Porter Building
6th Avenue & Grant Street
Pittsburgh, PA 15219
(412) 261-7000