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United States v. Jellico Indus., Inc.

Citation: 2 ELR 20002
No. No. 636, 3 ERC 1519/(M.D. Tenn., 11/04/1971)

The United States obtained a preliminary injunction pursuant to the Rivers and Harbors Act of 1899 prohibiting the defendant coal mine operators from discharging any strip mining run-off into navigable waters and prohibiting them from conducting any surface mining operations in a manner which would disturb abandoned deep mine shafts. Expert testimony suggested that even careful inspection of the area which contained many abandoned shafts might not prevent run-off; in any case, the defendants were not prepared to make any such inspections. Defendants failed to make an appearance at the hearing for a permanent injunction, which was issued in default.

Counsel for United States
Charles H. Anderson United States Attorney
Ira E. Parker, III Assistant United States Attorney
Nashville, Tennessee 37203

Counsel for Defendants
Eugene Jared
Cameron, Oakley & Jared
100 South Jefferson Avenue
P.O. Box 654
Cookeville, Tennessee 38501