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United States v. Ira S. Bushey & Sons

Citation: 2 ELR 20557
No. No. 6380, 346 F. Supp. 145/4 ERC 1389/(D. Vt., 07/27/1972) Motion to dismiss denied

The United States may seek an injunction under the Refuse Act requiring operators of lake vessels to observe detailed antipollution regulations including use of certified personnel and installation of safety appliances. Under the rule enunciated in Illinois v. City of Milwaukee, 2 ELR 20201 (U.S. 1972), the boundaries of relief suggested in the Refuse Act itself are not the limits of relief which a court may fashion under a common law action. Thus, noncontinuous, future injury to public waters may be prevented by an injunction. Motion to dismiss denied.

Counsel for United States
George W. F. Cook U.S. Attorney
David A. Gibson Assistant U.S. Attorney
United States Court House
Rutland, Vermont 05701

Counsel for Defendants
John D. Carbine
John J. Zawistoski
Ryan, Smith & Carbine
Rutland, Vermont 05701

Christopher E. Heckman
McHugh, Heckman, Smith & Leonard
80 Pine Street
New York, N.Y. 10005

Donald E. O'Brien
231 S. Union
Burlington, Vermont 05401