ELR Citation: ELR 20453
No(s). 1582 (E.D. Ky. Jan 16, 1973)

The court declines to issue a preliminary injunction prohibiting defendant coal corporation from discharging coal dust-bearing water into a navigable stream because plaintiff United States is unable to show irreparable injury. The existence of a dam downstream from the pollution source does not affect the legal navigability of a stream for the purposes of the Rivers and Harbors Act of 1899. Before trial on the merits, the coal company must permit government representatives to inspect its operations in order to determine the amount of coal materials being washed into navigable waters by rainfall and runoff.

Counsel for Plaintiffs
Eugene E. Siler Jr., U. S. Atty., E.D. Ky.
John M. Compton, Asst. U. S. Atty., E.D. Ky.
326 Federal Building
P.O. Box 1490
Lexington, KY 40501

Counsel for Defendants
John M. Stephens
Stephens, Combs & Page
First National Bank Building
Pikesville, KY 41501