ELR Citation: ELR 20656
No(s). 73-1458 (2d Cir. Jun 27, 1973)

Proof of a likelihood that refuse discharged into a tributary will reach navigable water is sufficient to sustain a conviction under the Rivers and Harbors Act of 1899. The statute's prohibition of discharges that "shall float or be washed" into navigable waters does not require proof that the refuse actually reached those waters. As the Act expressly forbids the piling of matter on a tributary's banks, from where it "shall be liable to be washed" into navigable waters, it would be anomalous to demand a higher standard of proof for discharges directly into the tributary.

Counsel for Appellant
Ronald J. Cracas
111 W. 50th St.
New York, NY 10020

Counsel for Appellee
Anne S. Eristoff Assistant U.S. Attorney
U.S. Courthouse, Foley Square
New York, NY 10007