ELR Citation: ELR 20188
No(s). 93-3878 (6th Cir. Aug 30, 1993)

The court grants a stay pending appeal with respect to that part of a preliminary injunction that barred the U.S. Environmental Protection Agency (EPA) from stopping a mine operator from pumping contaminated water into streams in the area surrounding the operator's flooded mine. The court denies the stay with respect to the Office of Surface Mining, Reclamation, and Enforcement. The court holds that pursuant to §402(i) of the Federal Water Pollution Control Act (FWPCA), EPA is not prohibited from taking all action in this matter to enforce the Act. The stay will permit EPA to investigate and make findings concerning any alleged FWPCA violation and to act, only after making such findings, within its authority to stop the pumping if it finds a violation has occurred.

[The district court's decision granting the preliminary injunction is published at 24 ELR 20288.]

Counsel for Plaintiff
D. Michael Miller
Porter, Wright, Morris & Arthur
41 S. High St., 29th Fl., Columbus OH 43215
(614) 227-2000

Counsel for Defendants
Anne Almy
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Kennedy (before Jones and Ryan), JJ.: