ELR Citation: ELR 20425
No(s). 72-31-F (N.D. W. Va. Jan 11, 1973)

The Federal Water Pollution Control Act Amendments of 1972, providing that discharges of pollutants generally do not violate the Rivers and Harbors Act of 1899 if an application for a permit to discharge has been requested and not yet acted upon, do not relieve a polluter of liability under the 1899 Act for discharges occurring before passage of the Amendments. The Rivers and Harbors Act prohibits all discharges whether or not they interfere with navigability. The court has jurisdiction to hear the government's request for a permanent injunction against discharge of mining effluents into the Monongahela River, although the 1899 Act does not specifically authorize the courts to grant injunctive relief, and defendant company's motion for dismissal is denied.

Counsel for Plaintiffs
Paul C. Camiletti, United States Attorney
James F. Companion, Assistant U.S. Attorney
Wheeling, WV 26003

Counsel for Defendants
Furbee, Amos, Webb, & Critchfield
First National Bank Building
P.O. Box 1189
Fairmont, WV 26554

Rose, Schmidt, & Dixon
919 Oliver Building
Pittsburgh, PA 15222