ELR Citation: ELR 20299
No(s). s. 5290, 5293 (D. Me. Jun 10, 1971)

Where chicken processors pleaded nolo contendere to allegations that they violated Rivers and Harbors Act of 1899 by dumping waste materials into Penobscot Bay and then moved to arrest judgment on grounds that the Act (1) does not apply to continuing industrial pollution which does not result in obstruction to navigation, and (2) was superseded by the Federal Water Pollution Control Act of 1970, motions must be dismissed. The first contention runs counter to well settled law on the subject and the second is contrary to the explicit terms of the Federal Water Pollution Control Act, 33 U.S.C. §1174. (An earlier motion by defendants to dismiss the indictments on the ground that enforcement of the Rivers and Harbors Act was selective, uneven and thus unconstitutional was dismissed by the court on December 28, 1970. See 1 ELR 20078.)

Counsel for the United States:
Peter Mills United States Attorney
John B. Wlodkamski Assistant United States Attorney
156 Federal Street
Portland, ME 04112
(207) 775-3131

Counsel for Maplewood Poultry Co. and Poultry Processing, Inc.:
Barnett I. Shur
Gregory A. Tselikis
443 Congress Street
Portland, ME 04111
(207) 774-6291

Irving Isaacson
145 Lisbon Street
Lewiston, ME 04240
(207) 784-7339