United States v. Jellico industries, Inc.

Civ. 636 (M.D. Tenn. December 20, 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

[2 ELR 20002]

Morton, J.:

JUDGMENT

The United States of America filed a complaint seekinga permanent injunction to restrain the defendants from depositing or causing to be deposited pollutants into navigable waters of the United States in violation of 33 U.S.C. § 407 (1970), commonly known as the Rivers and Harbors Act of 1899.

Jurisdiction is asserted pursuant to 28 U.S.C. § 1345.

This Court has previously found the facts as follows:

The defendants conduct strip mine operations in the Golman Mountain and Double Top Mountain area of Middle Tennessee. Before August 21, 1971, they had a strip mining operation on Golman Mountain. This operation was in an area where several old abandoned coal mine shafts were located. As occasionally occurs, acid water collected in these old mines. While conducting blasting activities, the defendants ruptured one or more of these shafts and the acid water flowed into the tributaries of Dale Hollow Lake, resulting in the killing of several thousands of fish.One (or more) of the several defendants was prosecuted and fined under Tennessee state law.

Defendants terminated operation at the Golman Mountain site and started a new operation on Double Top Mountain. They initiated blasting activity in this area, which likewise contained several old abandoned coal mine shafts. Defendants made no preliminary investigation to determine the presence of acid water in the old mine shafts. They admit through the argument of their counsel that if acid water is in close proximity to a contemplated blasting area, a danger exists.

Proof has been offered by several expert witnesses indicating that there are several mine shafts in the area of defendants' blasting. A number of the old mine shafts usually have acid water therein. To ascertain its existence would require a careful underground inspection of each shaft. There is no assurance that such inspection would reveal the necessary facts, nor is there evidence that the defendants are willing to carry out such an inspection.

The present mining operation of the defendants is connected through tributaries to the Dale Hollow Lake, which acts as a drainage area for these tributaries. Presently, this lake is in imminent danger of becoming polluted without any additional pollution from defendants' operations. If defendants are allowed to continue blasting, there is an immediate danger of rupturing neighboring old mine shafts, which would release acid water into Dale Hollow Lake. The result would cause irreparable harm to Dale Hollow Lake.

A preliminary injunction has heretofore been issued on the basis of the foregoing findings of this Court. On December 6, 1971, this case was called for final hearing on the plaintiff's request for a permanent injunction. The defendants or any of them did not appear. The plaintiff has requested a default judgment of a permanent injunction, and the Court finds that plaintiff has given proper notice pursuant to Rule 55(b)(2) of Federal Rules of Civil Procedure.

IT IS ORDERED, ADJUDGED, AND DECREED that the defendants, their agents, officers and directors, are therefore permanently enjoined:

(1) From permitting or causing the discharge or deposit of any mine acid, iron oxide, sulfate, carbonate or other toxic and discoloring compounds which may be released by defendants' surface mining operations, or any other refuse matter into Dale Hollow Lake or any of its tributaries.

(2) From operating and conducting a strip or surface mining operation, by means of blasting, augering or in any manner disturbingabandoned deep mines in Pickett and Fentress Counties, State of Tennessee, so as to cause the discharge of mine acids into the tributaries of Dale Hollow Lake.