ELR Citation: ELR 20722
No(s). 2-75-57 (D. Idaho Jul 16, 1976)

The court grants plaintiff's motion to enter defendant's property in order to drill wells and conduct sampling in connection with an enforcement action under the Federal Water Pollution Control Act Amendments of 1972 and the Rivers and Harbors Act of 1899. The United States is not required to indemnify a susected polluter against possible personal injury or property damage resulting from entry onto the defendant's lands for purposes of carrying out discovery procedures in preparation for trial. In addition, since no federal officer is authorized to execute such an indemnity agreement, it would be unenforceable.

Counsel for Plaintiff
Paul L. Westberg, Asst. U.S. Attorney
698 Federal Bldg.
Boise ID 83702
(208) 342-2211

Counsel for Defendant
William Boyd
Brown, Peacock, Keane & Boyd
311 Main St.
Kellogg ID 83837
(208) 784-1105