ELR Citation: ELR 20436
No(s). 81-5789 (11th Cir. Jan 14, 1983)

The Eleventh Circuit affirms the district court's denial, 13 ELR 20045, of a preliminary injunction against unpermitted dredge and fill activities allegedly in violation of §§301 and 404 of the Federal Water Pollution Control Act. Initially, the court notes that any preliminary injunctive relief granted at this stage of the litigation would be of limited duration since the case is nearing a final hearing in the district court. In addition, appellees have discontinued, at least temporarily, their fill activity. Next, the court rules that the district court's denial of the preliminary injunction was not an abuse of discretion since appellant failed to establish a likelihood of irreparable harm. Although appellant's witness testified that continued fill activity would make restoration more difficult, expensive, and uncertain, the court finds such evidence insufficient to support a finding of irreparable harm.

Counsel are listed at 13 ELR 20045.

Before RONEY, TJOFLAT, and FAY, Circuit Judges.