ELR Citation: ELR 20401
No(s). 72-624 (U.S. May 14, 1973)

The absence of formalized permit procedures does not relieve polluters of the necessity of obtaining permission from the Secretary of the Army before discharging pollutants in violation of the Rivers and Harbors Act of 1899. The Supreme Court holds that the Act's prohibitions apply to all discharges of pollutants, not only to those that interfere with navigation. The case is remanded to determine whether defendant was affirmatively misled by Corps of Engineers' guidelines interpreting the Rivers and Harbors Act as applying only to discharges that tend to impede or obstruct navigation. See 2 ELR 20264 for lower court opinion, and ELR 41141 for the text of the Rivers and Harbors Act.

Counsel for Plaintiff
Richard Thornburgh United States Attorney
633 U.S. Post Office and Courthouse
Pittsburgh, PA 15219

Counsel for Defendant
Harold Gondelman
1018 Frick Building
Pittsburg, PA 15129