ELR Citation: ELR 20949
No(s). 89-3684 (3d Cir. Jun 20, 1990)

The court rules that irreparable harm cannot be presumed in suits seeking injunctive relief under the Federal Water Pollution Control Act (FWPCA) once violations of the Act have been established. The court holds that the district court abused its discretion by presuming irreparable harm and not explicitly applying traditional equitable principles in reaching its decision to enjoin an oil company from violating its discharge permit. Every court of appeals that has considered the issue has interpreted Supreme Court precedent to require district courts to apply the traditional equitable standard before granting injunctive relief under the FWPCA and similar statutes. However, the court notes that since environmental injury can seldom be adequately remedied by money damages and is often permanent, the balance of harms will usually favor issuance of an injunction to protect the environment.

[The district court's decision is published at 20 ELR 20099.]

Counsel for Appellant
Richard D. Allen, Palmer L. Whisenant
Morris, Nichols, Arsht & Tunnell
1201 N. Market St., P.O. Box 1347, Wilmington DE 19899
(302) 658-9200

Counsel for Appellees
James F. Simon, Nancy S. Marks, Nora J. Chorover
Natural Resources Defense Council, Inc.
40 W. 20th St., New York NY 10011
(212) 727-2700

Richard R. Cooch
Cooch & Taylor
Marine Midland Plaza, Ste. 1000, 824 Market St. Mall, P.O. Box 1680, Wilmington DE 19899-1680
(302) 652-3641

Before Higginbotham and Nygaard, JJ.