ELR Citation: ELR 21392
No(s). 98-9011 (11th Cir. Jul 14, 1999)

The court affirms a district court's decision denying an environmental group's request to preliminarily enjoin a power company from discharging heated wastewater into a lake at temperatures above those allowed under its national pollutant discharge elimination system permit. The court holds that the record demonstrates that the only way the company could reduce thermal loading to the lake would be to reduce or eliminate its electrical generation, to the great disadvantage of the general public. Moreover, evidence reveals that fish kills resulting from warm water temperatures were temporary, not significant, and limited to a small percentage of the lake.

Counsel for Plaintiff
Donald D.J. Stack
Stack & Associates
100 Peachtree St. NW, Atlanta GA 30303
(404) 525-9205

Counsel for Defendant
Daniel S. Reinhardt
Troutman & Sanders
5200 NationsBank Plaza
600 Peachtree St. NE, Atlanta GA 30308
(404) 885-3000

Before Marcus, Hill, and Ferguson,^* JJ.