ELR Citation: ELR 20598
No(s). 74-1291 (8th Cir. Jun 4, 1974)

The Eighth Circuit Court of Appeals stays for 70 days a district court order enjoining defendants' discharge of taconite tailings containing asbestos-like fibers into Lake Superior. The stay is subject to the condition the defendants take prompt steps to prepare and implement an appropriate plan for abatement. The court finds the defendants are likely to be able to show on appeal that the lower court's ruling the the discharges substantially endanger the public health is unsupported by the evidence. Plaintiffs failed to prove that a demonstrable health hazard exists, and the district court erred when it took the position that all uncertainities should be resolved in favor of health safety since only the legislature can properly make such a policy judgment. But because plaintiffs are likely to prevail on the merits of their claims that Reserve's discharges violate state and federal pollution laws and must therefore be abated, the company is required to submit a suitable plan for abatement within 25 days. Plaintiffs will be allowed to comment on the plan and the district court on remand must consider the plan and recommend to the appeals court what action should be taken when the 70-day stay elapses. For the district court's opinion issuing the injunction, see 4 ELR 20573.

Counsel are listed at 4 ELR 20573-74.