ELR Citation: ELR 20362
No(s). 1971-213 (W.D.N.Y. Jun 1, 1971)

Plaintiff cannot prevail in suit to enjoin Corps of Engineers from dumping dredgings from the Genesee River into Lake Ontario, because there is no showing of likelihood of irrevocable injury to Lake Ontario—already polluted—if injunction is not granted. Corps is obligated by statute to maintain rivers and harbors in navigable condition and in fact, if injunction is issued, Port of Rochester will be unable to accommodate deep draft ships. Court also gives some weight (1) to Corps assertion that dumping in Lake Ontario will cease as of 1972 with material in subsequent years to be dumped in designated landfill areas, and (2) to passage by Congress of Rivers and Harbors Act of 1970 and NEPA of 1969, neither of which flatly outlawed dumping operations such as are at issue here.

Counsel for Plaintiff:
Wayne M. Harris
226 Powers Bldg.
Rochester, NY 14614
(716) 454-6950

Counsel for Defendants:
H. Kenneth Schroeder Jr. United States Attorney
308 Federal Bldg.
Rochester, NY
(716) 546-4900

Counsel for Intervening Defendant Rochester Portland Cement Corp:
Harris, Beach & Wilcox
2 State St.
Rochester, NY 14614
(716) 232-4440

Counsel for Intervening Defendant Rochester-Monroe County Port Authority:
Joseph A. Fischette
155 West Main St.
Rochester, NY 14614
(716) 454-2096