ELR Citation: ELR 20002
No(s). 636 (M.D. Tenn. Dec 20, 1971)

The United States obtained a preliminary injunction pursuant to the Rivers and Harbors Act of 1899 prohibiting the defendant coal mine operators from discharging any strip mining runoff into navigable waters and prohibiting them from conducting any surface mining operations in a manner that would disturb abandoned deep mine shafts. Expert testimony suggested that even careful inspection of the area that contained many abandoned shafts might not prevent runoff; in any case, the defendants were not prepared to make any such inspections. Defendants failed to make an appearance at the hearing for a permanent injunction, which was issued in default.

Counsel for United States
Charles H. Anderson, United States Attorney
Ira E. Parker III, Assistant United States Attorney
Nashville, TN 37203

Counsel for Defendants
Eugene Jared
Cameron, Oakley & Jared
100 South Jefferson Avenue
P.O. Box 654
Cookeville, TN 38501