ELR Citation: ELR 20276
No(s). 73-1768 (6th Cir. Jan 23, 1974)

The Sixth Circuit Court of Appeals upholds a lower court's ruling in a criminal action under the Rivers and Harbors Act granting defendant's motion to suppress evidence developed from its notification to the Coast Guard concerning a coal tar discharge from its facilities into the Mahoning River.Relying on U.S. v. Mobil Oil (2 ELR 20456), the court holds that §11 of the Water Quality Improvement Act of 1970, which provides that such notification or information developed from it may not be used against the person furnishing it in any criminal case, applies to both corporate and individual defendants. Congress has amended the Water Quality Act since the Mobil Oil decision without changing the language of §11, thereby giving tacit approval to this interpretation of the Act. The court notes that its ruling is in accordance with the statutory purpose of providing an incentive for immediate notification in order to facilitate cleanup, and points out that polluters may still be prosecuted under the Rivers and Harbors Act with evidence independent of such notification. The lower court's dismissal of the case is affirmed.

Counsel for Plaintiff
Frederick M. Coleman, U.S. Attorney
Joseph A. Cipollone
400 U.S. Courthouse
Cleveland, Ohio 44114

Wallace H. Johnson, Asst. Attorney General
Carl Strass
Eva R. Datz
Raymond N. Zagone
Department of Justice
Washington, DC 20530

Counsel for Defendant
Victor DeMarco
Dennis Kelly
Edward P. Weber Jr.
Jones, Day, Cockley & Reavis
1750 Union Commerce Building
Cleveland, OH 44115