United States v. KENTLAND-ELKHORN COAL CORPORATION

MEMORANDUM OPINION AND ORDER

HERMANSDORFER, District Judge.

This is the preliminary injunction aspect of this civil action which seeks preliminary and permanent injunctive relief against the defendant, Kentland-Elkhorn Coal Corporation, to cause cessation of alleged continuing discharges of black-water into waters under Federal protection.

Jurisdiction lies under 28 U.S.C. § 1345. The applicable Federal Statutes are 33 U.S.C. §§ 407, 411, 702i and 702j. Upon a proper showing injunctive relief may be granted under the provisions of the Rivers and Harbors Act of 1899 which is codified at 33 U.S.C.…