ELR Citation: ELR 20413
No(s). 15,784 (Tex. Civ. App. Aug 5, 1971)

Lower court temporary injunction issued under Texas Water Quality Act requiring defendant chemical corporation to take the steps necessary to prevent surface waters and tidal waters from carrying arsenic in concentrations of more than one part per million from defendant's property into or close to nearby bayou is valid, because the Act provides for injunctive as well as punitive relief. But injunction was modified to eliminate requirements that defendant clean up arsenic on its own land, because temporary injunction should not go any further than is necessary to preserve status quo. The defendant should be allowed to determine how it might best make certain the proven pollution was stopped.

Counsel for Rhodia, Inc.:
Stanley D. Baskin
Baskin, Eakes & Stanley
First Pasadena Bank Building
Pasadena, TX 77501
(713) 473-9292

Counsel for Harris County:
Joe Resweber County Attorney
Gus Drake Assistant county attorney
James R. Doxey
Assistant county attorney
Harris County Courthouse
301 San Jacinto
Houston, TX
(713) 228-8311

Crawford C. Martin Attorney General
A.J. Galerano Assistant Attorney General
Supreme Court Building
Austin, TX
(512) 475-2501