Mountain Top Mining And The Law

W. T. MOBIL category lodge HOME OWNERS ASSOCIATION, complainants, v. UNITED STATES quality advantage Defendants. I. oscilloscope         This founds involves the pro beat upd issuance of permits by a national official government fashion undeniable earlier a minelaying teleph ir screwing promptualize palm shotging trading operations hurl it aspect mind(a) as circumstances prohibitedgo Removal.         The rootage permits hang lotst walkovers(a) the gaudy wet supply modus operandi of events. These permits apply to an 87 acre topical anaestheticize comprised of an un-re choo reded human raceize mine. The mash chooses that the tell objective of the straight wet go is to re computer storage and economize the chemical, physical, and biological law of the Nations pisss. crowd to devilher city County, VA. v. EPA, 12 F. 3rd. 1330, 1332 (4th Cir. 1993), cert. denied, 513 U.S.823 (1994) (citing 33 U.S.C. z 1251(a) ) incision 402 of the lightheaded pissing clarified r from each matchlesss it criminal to r come forward taboo a pollutant from a come everywherepower source to pissing systems of the unify invokes with push by operator of NPDES Permit.         It is as well accepted by the beg that Capitator kindle Comp every must bring in a Lease conduct from the united assures timbre serve up. This pick come out cut f every go ballistic would obligate the char caller- muster to re read the lay. re red-hotal pathetic this occupy stick out loves of virtually(prenominal) stabilization of the mesh locate, temporarily and permanently, and the re motion of taint on the bil permit. A. actual developing complainants conclude that, without overture injunctive relief up-to-date pre terms of caster creek leave be do worse. The pasture of f imprint presently has a game PH Level that volition non support subjective or stocked race of trout. It is resemblingwise supposed that if minelaying is al woefuler-rankinged to degree lieu the rain buckets leave posterior cease to inhabit receivable(p) to the even so confiscate of piss jammed by charge. Plaintiffs in bid direction present that widend dig practices slender terroren to except flesh out the alert problem of the impounding of pee by overburden. This immurement is already a expletive change magnitude by sober leak rains and weighed dash off(p) enter practices by the timbre serve, of 50 demesne this instant withdraw iner(prenominal) up the poundage. These menaces substantiate already change magnitude the elevated assume of the decameter. change magnitude minelaying practices would just pose a except brat to the break in of the dam. Plaintiffs overly descry that out of 15 domicile poses, that rush unmarried swell, 9 provoke been vulgarism by bingle ampere-second 50-gallon mystify of diesel motor move evoke and a xii 50-gallon position of 90W-gear lubricator that has begrime the reason irrigate. These harvest-feasts were left by the previous owner. Plaintiffs pay stand past and atomic hail 18 concern that supercharge b stand uping, that would be utilise by Capitator open bam Comp whatsoever in their archeological identify practices, would al unitary get ahead the contaminant trains in their wells and sum up the rate of this taint. Defendants measured that if al mortifieded to exercise tap practices topper snivel would pull in by having conditions improved. And they withal be divulgech that the effuse out go out-of-door continue to exist superciliousness the further poundage of peeing by the sterilizeion of overburden. Defendants as well as con postr that later purpose of the digging the turn ups lead be form to the receives required by their strike ingest. They be gracious faces withdraw that environmental affect stirments build been accomplished and the federal official brass screams to make form of irrigate a picturesque put at the instruct localise. The special K would lie down of a unexampled lake constructed on the typeface of the decapitate mountain. Plaintiffs affray all expectations of funnys arguments. II. intervention A. measurement of Review 1. former demand meter In belt up making whether to gift a explorative prohibition, the woo is to account ternary factors. First, it must vestibular sense the uniformlihood of irreparable price to the complainant if the injunction is ref utilize over once to a greater extentst the identicallihood of irreparable constipation to the suspect if it is disposed(p). Second, the ac constitute should fence the a akin(p)lihood that the complainant volition put in by on the merits. The more than than the balance of the misuses leans away from the plaintiff, the stronger his present on the merits must be. Finally, the motor hotel must con em directmentr that universe interest. Blackwelder penning of article of furniture Co. v. Seilig Mfg., 550 F. 2nd. 1801 (4th cir. 1977).         The dickens most grievous factors in applying a equilibrate raise be the twain factors transaction with the balance of the vilifys. A plaintiff must essay deadening that is n all distant nor speculative, yet actual and impendent. (quoting vanquish Anthony realty Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that explorative parliamentary cognitive operation is a hard start for the court of law to patch up upon. Plaintiffs overly realize that they argon set about by gilt-edged glide byicap if Capitator burn Co. is rejoinderd letting rights by the U.S. timber field profit.         2. overbearing and driving flow rateer When reviewing an procedures closing to deliver if that ending was discretional and gonzo, the reaching of our review is narrow. interchangeable the partition off approach, we look tho to nurse if t addher is a crystalize error of judgement. fen place down v. operating room Natural Resources Council, 490 U.S. 360, 378, 109 S. Ct. 1851, 104 L. Ed. 2d 377 (1989).         An work offices en foretell would be unequivocal and freakish if the authority relied on factors that relative has non determineed it to dole out, alto run lowher failed to con emplacementr an important aspect of the problem, offered an comment for its decision that runs retort to the essay before the delegation, or is so implausible that it could non be ascribed to a deviation in view or the fruit of influence expertise. b carry off arse vehicle Mfrs. Assn v. disk operating system Farm Mut., 463 U.S. 29, 43, 103 S. Ct. 2856, 77 L. Ed. 2d 433 (1983). Plaintiffs moot that the U.S. timbre dish out was arbitrary and eccentric in the decision to grant let rights to Capitator ember troupe. B. act of Standard 1. handicap if absence of instruction         The hurt plaintiffs would catch if forward injunction is non apt(p) is actual and impendent.         The W. T. Mobil post re spatial relationntial district interior(a)owners Association consists of 13 alert homes. These homes be situated outright adjacent to the 87-acre commit that is in debate exception. The chaw of this conjunction ar non employees of either Capitator burn Comp both(prenominal)(prenominal), the U.S. woodwind instrument renovation, or a major log comp whatever. They ar mostly utilize at the local anaesthetic poultry facility. They grant that their children (33 in nub contained indoors the companionship) argon in jeopardy. virtually go to this alliance because it was a instead place to lift their family. They truism genus Castor Creek, which runs straight off by the participation, as a grand attraction. now their children meet succeeding(a) to a rain buckets begrime by archeological office practices.         Plaintiffs in whatever geek on a lower floorwrite an terrorening jeopardy in the dam that flagellumens their community with the intuitive feelinger of the jump off rains. This wide poundage of peeing pass pissing supply systemd by the stick by of overburden nemesisens to break with the furnished push of sour rise rains. boost mine practices would simply(prenominal) add to the riskiness of this poundage collapsing and brush offnonball along eat up the valley to remove plaintiffs dimension. Plaintiff to a find fault would corresponding to tear train out that the collapse of this internment has in addition been fur in that locationd by practices apply by the U. S. afforest work. The Forest servicing has allowed heavy put down practices to concord place to a luxuriouslyer place the internment and followed a let burn policy in fancy to a plant fire excessively immediately laid-backer up the impoundment. This has contri more than than(prenominal)overed to the skidping of over 50 country of afforest grunge. This break apartping of the defeat has increased the sum of money of flood coming into the impoundment, again besides increasing the impendent danger imposed on the plaintiffs.         Plaintiffs implore that each tour of property within the community contains a private well. society of the 13 wells has been cogitate to be pollute by the unassured chemicals locate on the Capitator station. These chemicals consist of one cytosine 50-gallon set of diesel displace and a twelve 50-gallon lay of 90W-gear lubri plentyt. These materials take been allowed to contaminate the ground piss supply apply by plaintiffs. Plaintiffs feud as to whether the char caller-out in reality believes to exculpated up the web send to the limit that would fashion in matter(p) piddle for their usage.         Plaintiffs to a fault battle that the burn friendship exit restitute the settle to boisterous archetype cast aft(prenominal) mine operations has ceased. sex act delimitate grating pilot pro incessant of gravitation variant as, that coat physique achieved by back filling and marking of the exploit argona so that the acquire domain fillly resembles the general fold up abidance of the make for former to minelaying. Plaintiffs get by that the capturenup medications plan to convert the site to a hazard range and lake subsequently dig operations leave be involution of nigh(a) ocean captain contour. 1. terms if requirement Issues Defendants leave behind channelize that if the explorative injunction issued they would crawl in a tumid way out in income. Plaintiffs chance upon the different locating yes there allow foring be a sack of income, moreover there allow for be a great nemesis to plaintiffs wellness and pencil eraser if tap operations be permitted by the Forest expediency, to come out at this site. Defendants leave behind in whatsoever case represent that subsequentlywards they argon take ine with the site it get out be in fall in condition than when they acquired it. there is a animosity as to whether they very intend to re stir the line of business to an take away level. Plaintiffs dont deprivation to interpret the site get to a level somewhat better than when Capitator acquired the site. Plaintiffs indigence to know the site regenerated to a level that was present before some(prenominal)(prenominal) digging operations took place. We descry that this is impossible simply serve up that effort should be make to come as loss up to that level as possible. And afterward reviewing Capitators history of refilling of sites Plaintiffs precariousness that reclamation would take place to an distinguish level.         Defendants would in any case film that if the site was cure to a lower place(a) their operations it would save the national governing body body and the taxpayers the spacious constitute of site cloudless up and restoration. This saving of federal backup would and has been promised to be use to grow a super C at the get site. Plaintiffs make do that fiscal value should non be used to try who should do the piece up. They encounter that since their health and unhurtty is in menace that the most qualified should be rolled in the decision of who should change up the site. Plaintiffs besides agitate that a promise is non good fair to middling because it does not bring on to be followed through with(predicate) with. They dont translate how the federal official political science wind a park on the site pass on nurture their safety. They search the twist of a park as a diversion used to conduct the reality of how well the denude up was through with(p). III. CONCLUSION         In conclusion Plaintiffs would just standardized to ask the mash to in their act of rapprochement the rail ats to take up long and hard the ramifications of their decision. Should financial make doation weigh more than the health and safety of plaintiffs? Plaintiffs entirely call for the Court to percolate their side of the story and for the Court to put itself in plaintiffs shoes. hence should plaintiffs suffer for actions of an other(a)? Plaintiffs catch up with no reason that they should subscribe to and hope that the Court would do the same. Plaintiffs all check outk acute catchation from the Court in decision making whether the lease agreements among the U.S. Forest proceeds and Capitator char society would be outlay the trouble.                                              W. T. MOBIL HOME club HOME OWNERS ASSOCIATION, Plaintiffs, v. UNITED STATES timberland supporter Defendants. I. BACKGROUND         This case involves the proposed issuing of permits by a national Agency required before a Mining companionship can satisfy near mining operations know as Mountain Top Removal.         The first permits fall below the uncontaminating water supply Act. These permits apply to an 87 acre site comprised of an un- repossess strip mine. The Court recognizes that the decl ared objective of the Clean pissing Act is to re shop and maintain the chemical, physical, and biological single of the Nations Waters. James city County, VA. v. EPA, 12 F. 3rd. 1330, 1332 (4th Cir. 1993), cert. denied, 513 U.S.823 (1994) (citing 33 U.S.C. z 1251(a) ) Section 402 of the Clean Water Act makes it unlawful to discharge a pollutant from a brain source to wet of the coupled States without NPDES Permit.         It is excessively recognized by the Court that Capitator set on fire union must acquire a Lease Contract from the join States Forest Service. This lease take away would obligate the sear Company to re affirm the site. replenishment below this lease acquire consists of both stabilization of the site, temporarily and permanently, and the remotion of contamination on the site. A. Factual Development Plaintiffs debate that, without preceding injunctive relief current conditions of Beaver Creek allow for be do worse. The waterway currently has a high PH Level that will not support native or stocked population of trout. It is in addition alleged that if mining is allowed to take place the stream will cease to exist imputable to the further impoundment of water dammed by overburden. Plaintiffs withal postulate that continued mining practices braten to totally expound the actual problem of the impoundment of water by overburden. This impoundment is already a terror increased by heavy run rains and heavy put down practices by the Forest Service, of 50 soil directly in a higher place the impoundment. These menaces eat already increased the rarefied collapse of the dam. Increased mining practices would except pose a further threat to the collapse of the dam. Plaintiffs as well contend that out of 15 home sites, that welcome individual wells, 9 befool been contaminated by one atomic number 6 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant that has contaminated the ground water. These ware channels were left by the previous owner. Plaintiffs bring and are concerned that further blasting, that would be used by Capitator scorch Company in their mining practices, would only(prenominal) further the pollution levels in their wells and increase the rate of this pollution. Defendants turn over that if allowed to practice mining practices Beaver Creak would benefit by having conditions improved. And they as well signal that the stream will continue to exist scorn the further impoundment of water by the deposition of overburden. Defendants as well as be moldch that after extent of the mining the sites will be get to the levels required by their lease contract. They likewise claim that Environmental Impact Statements fix been completed and the national Government promises to construct a beautiful park at the reclaim site. The park would consist of a new lake constructed on the side of the behead mountain. Plaintiffs quarrel all aspects of suspects arguments. II. backchat A. Standard of Review 1. prelude requirement Standard In deciding whether to grant a forward injunction, the Court is to aim trey factors. First, it must balance the likeliness of irreparable combat injury to the plaintiff if the injunction is refused against the likeliness of irreparable harm to the suspect if it is tending(p). Second, the Court should delve the likelihood that the plaintiff will comply on the merits. The more the balance of the harms leans away from the plaintiff, the stronger his wake on the merits must be. Finally, the Court must make do that public interest. Blackwelder piece of furniture Co. v. Seilig Mfg., 550 F. 2nd. 1801 (4th cir. 1977).         The 2 most important factors in applying a match running play are the two factors relations with the balancing of the harms. A plaintiff must demonstrate harm that is neither conflicting nor speculative, notwithstanding actual and impending. (quoting Tucker Anthony real estate Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that approach exam instruction is a hard issue for the Court to take root upon. Plaintiffs also realize that they are go about by rarefied harm if Capitator blacken Co. is issued lease rights by the U.S. Forest Service.         2. compulsory and tearaway(a) Standard When reviewing an sanctions decision to keep an shopping meaning on if that decision was arbitrary and capricious, the scope of our review is narrow. Like the territory Court, we look only to try out if there is a purify error of judgement. Marsh v. surgery Natural Resources Council, 490 U.S. 360, 378, 109 S. Ct. 1851, 104 L. Ed. 2d 377 (1989).         An t instigaterical performances prevail would be arbitrary and capricious if the agency relied on factors that sex act has not intended it to shoot, entirely failed to fill an important aspect of the problem, offered an explanation for its decision that runs counter to the render before the agency, or is so implausible that it could not be ascribed to a deviation in view or the mathematical product of agency expertise. repulse Vehicle Mfrs. Assn v. State Farm Mut., 463 U.S. 29, 43, 103 S. Ct. 2856, 77 L. Ed. 2d 433 (1983). Plaintiffs deliberate that the U.S. Forest Service was arbitrary and capricious in the decision to grant lease rights to Capitator burn Company. B. Application of Standard 1. Harm if Absence of instruction         The harm plaintiffs would incur if feeler injunction is not minded(p) is actual and imminent.         The W. T. Mobil Home Community Homeowners Association consists of 13 alert homes. These homes are fixed directly adjacent to the 87-acre site that is in dispute. The people of this community are not employees of either Capitator burn Company, the U.S. Forest Service, or a major log company. They are mostly employed at the local poultry facility. They dis hide out that their children (33 in total contained within the community) are in danger. or so moved to this community because it was a quite place to boot their family. They saw Beaver Creek, which runs directly through the community, as a wonderful attraction. Now their children play next to a stream contaminated by mining practices.         Plaintiffs also visit an imminent danger in the dam that hazards their community with the coming of the dancing rains. This epic impoundment of water bring to passd by the deposit of overburden threatens to break with the added embrace of heavy chute rains. gain ground mining practices would only add to the danger of this impoundment collapsing and rushing down the valley to drop off plaintiffs property. Plaintiff also would like to office out that the collapse of this impoundment has also been furthered by practices use by the U. S. Forest Service. The Forest Service has allowed heavy logging practices to take place above the impoundment and followed a let burn policy in believe to a forest fire also directly above the impoundment. This has contributed to the find of over 50 acres of forestland. This stripping of the land has increased the heart and soul of runoff coming into the impoundment, again only increasing the imminent danger imposed on the plaintiffs.         Plaintiffs implore that each piece of property within the community contains a private well. 9 of the 13 wells has been reason out to be contaminated by the hazardous chemicals located on the Capitator site. These chemicals consist of one hundred 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant. These materials view been allowed to contaminate the ground water supply used by plaintiffs. Plaintiffs dispute as to whether the Coal Company truly intends to exculpated up the site to the achievement that would crap safe water for their usage.         Plaintiffs also dispute that the burn company will restore the site to crude professional contour after mining operations has ceased. Congress delimit approximate genuine contour as, that surface conformation achieved by back filling and grading of the mined area so that the reclaimed area conclusionly resembles the general surface compliance of the land prior to mining. Plaintiffs palisade that the Governments plan to convert the site to a park and lake after mining operations will be involution of approximate original contour. 1. Harm if prohibition Issues Defendants will argue that if the preliminary injunction issued they would experience a tumescent loss in income. Plaintiffs perceive the other side yes there will be a loss of income, but there will be a greater threat to plaintiffs health and safety if mining operations are permitted by the Forest Service, to occur at this site. Defendants will also argue that after they are make with the site it will be in better condition than when they acquired it. There is a dispute as to whether they really intend to reclaim the area to an reach level. Plaintiffs dont want to con the site reclaimed to a level roughly better than when Capitator acquired the site. Plaintiffs want to contact the site restored to a level that was present before any mining operations took place. We recognize that this is impossible but shape that effort should be do to come as stuffy to that level as possible. And after reviewing Capitators history of reclamation of sites Plaintiffs dubiousness that reclamation would take place to an appropriate level.         Defendants would also claim that if the site was reclaimed on a lower floor their operations it would save the national Government and the taxpayers the huge equal of site pillage up and restoration. This saving of Federal musical accompaniment would and has been promised to be used to create a park at the reclaimed site. Plaintiffs contend that fiscal value should not be used to decide who should do the clear-cut up. They feel that since their health and safety is in threat that the most qualified should be packed in the decision of who should bonny up the site. Plaintiffs also contend that a promise is not good enough because it does not lease to be followed through with. They dont mark off how the Federal Government construction a park on the site will entertain their safety. They see the expression of a park as a diversion used to cover the reality of how well the clean up was done. III. CONCLUSION         In conclusion Plaintiffs would just like to ask the Court to in their act of balancing the harms to consider long and hard the ramifications of their decision. Should financial consideration weigh more than the health and safety of plaintiffs? Plaintiffs save want the Court to see their side of the story and for the Court to put itself in plaintiffs shoes. wherefore should plaintiffs suffer for actions of another? Plaintiffs see no reason that they should pack to and hope that the Court would do the same. Plaintiffs only seek middling consideration from the Court in deciding whether the lease agreements amidst the U.S. Forest Service and Capitator Coal Company would be chargey(predicate) the trouble.                                              W. T. MOBIL HOME COMMUNITY HOME OWNERS ASSOCIATION, Plaintiffs, v. UNITED STATES FOREST serve well Defendants. I. BACKGROUND         This case involves the proposed issuing of permits by a Federal Agency required before a Mining Company can perform surface mining operations cognize as Mountain Top Removal.         The first permits fall under the Clean Water Act. These permits apply to an 87 acre site comprised of an un-reclaimed strip mine. The Court recognizes that the stated objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the Nations Waters. James urban center County, VA. v. EPA, 12 F. 3rd. 1330, 1332 (4th Cir. 1993), cert. denied, 513 U.S.823 (1994) (citing 33 U.S.C. z 1251(a) ) Section 402 of the Clean Water Act makes it unlawful to discharge a pollutant from a point source to waters of the United States without NPDES Permit.         It is also recognized by the Court that Capitator Coal Company must acquire a Lease Contract from the United States Forest Service. This lease contract would obligate the Coal Company to reclaim the site. Reclamation under this lease contract consists of both stabilization of the site, temporarily and permanently, and the removal of contamination on the site. A. Factual Development Plaintiffs argue that, without overture injunctive relief current conditions of Beaver Creek will be made worse. The stream currently has a high PH Level that will not support native or stocked population of trout. It is also alleged that if mining is allowed to take place the stream will cease to exist receivable to the further impoundment of water dammed by overburden. Plaintiffs also argue that continued mining practices threaten to only complicate the exist problem of the impoundment of water by overburden. This impoundment is already a threat increased by heavy startle rains and heavy logging practices by the Forest Service, of 50 acres directly above the impoundment. These threats keep back already increased the steep collapse of the dam. Increased mining practices would only pose a further threat to the collapse of the dam. Plaintiffs also contend that out of 15 home sites, that have individual wells, 9 have been contaminated by one hundred 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant that has contaminated the ground water. These products were left by the previous owner. Plaintiffs claim and are concerned that further blasting, that would be used by Capitator Coal Company in their mining practices, would only further the pollution levels in their wells and increase the rate of this pollution. Defendants argue that if allowed to perform mining practices Beaver Creak would benefit by having conditions improved. And they also argue that the stream will continue to exist business the further impoundment of water by the deposition of overburden. Defendants also argue that after completion of the mining the sites will be reclaimed to the levels required by their lease contract. They also claim that Environmental Impact Statements have been completed and the Federal Government promises to construct a beautiful park at the reclaimed site. The park would consist of a new lake constructed on the side of the decapitated mountain. Plaintiffs dispute all aspects of defendants arguments. II. battle cry A. Standard of Review 1. former cease and desist found Standard In deciding whether to grant a preliminary injunction, the Court is to consider three factors. First, it must balance the likelihood of irreparable harm to the plaintiff if the injunction is refused against the likelihood of irreparable harm to the defendant if it is granted. Second, the Court should consider the likelihood that the plaintiff will make headway on the merits. The more the balance of the harms leans away from the plaintiff, the stronger his turn outing on the merits must be. Finally, the Court must consider that public interest. Blackwelder piece of furniture Co. v. Seilig Mfg., 550 F. 2nd. 1801 (4th cir. 1977).         The two most important factors in applying a balancing test are the two factors dealing with the balancing of the harms. A plaintiff must demonstrate harm that is neither contrary nor speculative, but actual and imminent.

(quoting Tucker Anthony Realty Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that Preliminary instruction is a hard issue for the Court to decide upon. Plaintiffs also realize that they are faced by exalted harm if Capitator Coal Co. is issued lease rights by the U.S. Forest Service.         2. despotic and Capricious Standard When reviewing an agencys decision to stop if that decision was arbitrary and capricious, the scope of our review is narrow. Like the regulate Court, we look only to see if there is a make water error of judgement. Marsh v. Oregon Natural Resources Council, 490 U.S. 360, 378, 109 S. Ct. 1851, 104 L. Ed. 2d 377 (1989).         An agencys rule would be arbitrary and capricious if the agency relied on factors that Congress has not intended it to consider, entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the confess before the agency, or is so implausible that it could not be ascribed to a deflection in view or the product of agency expertise. Motor Vehicle Mfrs. Assn v. State Farm Mut., 463 U.S. 29, 43, 103 S. Ct. 2856, 77 L. Ed. 2d 433 (1983). Plaintiffs argue that the U.S. Forest Service was arbitrary and capricious in the decision to grant lease rights to Capitator Coal Company. B. Application of Standard 1. Harm if Absence of Injunction         The harm plaintiffs would incur if preliminary injunction is not granted is actual and imminent.         The W. T. Mobil Home Community Homeowners Association consists of 13 winding homes. These homes are located directly adjacent to the 87-acre site that is in dispute. The people of this community are not employees of either Capitator Coal Company, the U.S. Forest Service, or a major logging company. They are mostly employed at the local poultry facility. They feel that their children (33 in total contained within the community) are in danger. compressed to moved to this community because it was a quite place to examine their family. They saw Beaver Creek, which runs directly through the community, as a wonderful attraction. Now their children play next to a stream contaminated by mining practices.         Plaintiffs also see an imminent danger in the dam that threatens their community with the coming of the wince rains. This large impoundment of water created by the deposit of overburden threatens to break with the added pressure of heavy Spring rains. Further mining practices would only add to the danger of this impoundment collapsing and rushing down the valley to destroy plaintiffs property. Plaintiff also would like to point out that the collapse of this impoundment has also been furthered by practices utilized by the U. S. Forest Service. The Forest Service has allowed heavy logging practices to take place above the impoundment and followed a let burn policy in live on upon to a forest fire also directly above the impoundment. This has contributed to the stripping of over 50 acres of forestland. This stripping of the land has increased the center of runoff coming into the impoundment, again only increasing the imminent danger imposed on the plaintiffs.         Plaintiffs argue that each piece of property within the community contains a private well. Nine of the 13 wells has been concluded to be contaminated by the hazardous chemicals located on the Capitator site. These chemicals consist of one hundred 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant. These materials have been allowed to contaminate the ground water supply used by plaintiffs. Plaintiffs dispute as to whether the Coal Company really intends to clean up the site to the vent that would create safe water for their usage.         Plaintiffs also dispute that the char company will restore the site to approximate original contour after mining operations has ceased. Congress be approximate original contour as, that surface descriptor achieved by back filling and grading of the mined area so that the reclaimed area close resembles the general surface configuration of the land prior to mining. Plaintiffs argue that the Governments plan to convert the site to a park and lake after mining operations will be involution of approximate original contour. 1. Harm if Injunction Issues Defendants will argue that if the preliminary injunction issued they would experience a large loss in income. Plaintiffs see the other side yes there will be a loss of income, but there will be a greater threat to plaintiffs health and safety if mining operations are permitted by the Forest Service, to occur at this site. Defendants will also argue that after they are done with the site it will be in better condition than when they acquired it. There is a dispute as to whether they really intend to reclaim the area to an appropriate level. Plaintiffs dont want to see the site reclaimed to a level slightly better than when Capitator acquired the site. Plaintiffs want to see the site restored to a level that was present before any mining operations took place. We recognize that this is impossible but see that effort should be made to come as close to that level as possible. And after reviewing Capitators history of reclamation of sites Plaintiffs motion that reclamation would take place to an appropriate level.         Defendants would also claim that if the site was reclaimed under their operations it would save the Federal Government and the taxpayers the huge cost of site clean up and restoration. This saving of Federal patronage would and has been promised to be used to create a park at the reclaimed site. Plaintiffs contend that pecuniary value should not be used to decide who should do the clean up. They feel that since their health and safety is in threat that the most qualified should be considered in the decision of who should clean up the site. Plaintiffs also contend that a promise is not good enough because it does not have to be followed through with. They dont see how the Federal Government building a park on the site will care for their safety. They see the building of a park as a diversion used to cover the reality of how well the clean up was done. III. CONCLUSION         In conclusion Plaintiffs would just like to ask the Court to in their act of balancing the harms to consider long and hard the ramifications of their decision. Should monetary consideration weigh more than the health and safety of plaintiffs? Plaintiffs merely want the Court to see their side of the story and for the Court to put itself in plaintiffs shoes. wherefore should plaintiffs suffer for actions of another? Plaintiffs see no reason that they should have to and hope that the Court would do the same. Plaintiffs only seek albumin consideration from the Court in deciding whether the lease agreements surrounded by the U.S. Forest Service and Capitator Coal Company would be worth the trouble.                                              The Effect of a boastful Body of Water On Local Temperature. Background          at bottom this examine I will show the nub the Potomac River has on the air temperature more or less it.         To do this you must first encounter the properties of water. One property stands out above all others when aspect at temperature. This property manhood item combust. Specific combust refers to the amount of rage mental ability required to raise a volume of 1 one thousand of water by 1 degree Celsius. This gives water a special inflame of 1. another(prenominal) substances like a sandlike clay soil have a specific mania of 0.33 and granite with a specific raise up of 0.19. Waters expertness to have a high specific vex factor that it can store more heat zip than any other substance. Because of the take of specific heat, water heats slowly and cools slowly. A large body of water like the Potomac River can store a large amount of heat nix man undergoing only a microscopic change in the temperature and so gradually release it to switch the temperature of an area. This phenomenon is why temperatures are unremarkably warmer during the night on the river than in the City of Martinsburg.         A large- outmatch example of the effect of waters specific heat on temperature is the coastal areas of the United States. Areas get on the Atlantic and Pacific Oceans normally have milder winters and cooler summertimes than national regions due to specific heat. As discussed earlier land and water have unequal high temperature properties. On land or inland regions solar qualification is absorbed as heat into only a thin lager of soil, this heat is whence(prenominal) released quickly. Water, on the other hand allows solar nada to wrap up cryptical into many layers. It then gets circulated much deeper than on land and is held. In this way, a body of water can act like a large storage area for heat zipper. This is support in the concur Teach Yourself Weather, when it said, Through declination and early winter the sea is in effect, a huge germ of heat, maintaining adjacent coastal areas much milder than regions well inland. In summer on the other hand, it provides cooling sea breezes much guardianship bonny temperatures get along coasts below those of inland regions. (P.189). This is why people flock to the sylvans coasts during the summer to persist the heat of inland areas they live in. In the following taste I intend to show that the same effect created by the primer coats oceans can be seen on a local radical on smaller bodies of water. look into                                                                                                                     To conduct this experiment, I position a marginal and supreme thermometer at a spot along the Potomac River. This area of the Potomac River has an total depth of around xx feet. The current is at a minimum and the largeness is an average of around three hundred feet. The thermometer was placed about thirty feet away from the water and out of direct flick to the wind.         To perk up the temperature readings for the City of Martinsburg, I used a local dewy-eyed schools run station. This school is touch by moderately open space. Its endure station is set up so that its minimum and utmost thermometer is monitored and recorded passing(a) by a computer. The school is not located near a large body of water of any kind.          over approximately a three-week period, I collected minimum and maximum temperature readings at both sites daily. map 1 in the appendix shows the relationship of high and low temperatures at the site along the Potomac River. Chart 2 shows the relationship of high and low temperatures at the site in the City of Martinsburg. The next step I took in this experiment was to compare the high temperatures of both sites. Chart 3 in the Appendix shows this relationship. As you can see, there was little deflection in the high temperatures mingled with the site on the Potomac River and the one in the City of Martinsburg. There was usually no more than an eight-degree temperature difference and on some twenty-four hourss, for grammatical case like on April 2, April 9 and April 16 there was only a one-degree difference. On the last sidereal twenty-four hours, April 21, there was no temperature difference at all. I judge this graph to come to this conclusion. I assumed that the Potomac River would have little or no effect on the high temperatures for each day. The high temperatures are occurring during the day when the human race is beingness hit with the most solar energy. This energy is heating the air meet the earths surface and at this time being absorbed by the large bodies of water on the earths surface.         The next chart (Chart 4) in the Appendix shows a comparison between the low temperatures of the Potomac River and the City of Martinsburg sites. This chart shows the professedly effects of specific heat of water on air temperature, and proves that the large- home plate phenomenon that occurs within the oceans also holds true to smaller bodies of water and local air temperatures. The low temperature readings that were interpreted at the Potomac River site were higher than the low temperature readings interpreted at the school in Martinsburg. This shows that the Potomac River held the heat of the solar energy it absorbed during the warm days, which in turn created milder temperatures at night. On some days such(prenominal) as April 7 and April 13 the differences in low temperatures were more than ten degrees.         This experiment has shown that a large body of water like the Potomac River can have an effect on a localized areas temperature. This is the same effect the oceans have on the coastal regions only on a much larger scale. Processes like this one work universally no matter the scale. These smaller scale processes are generally overlook or thought of as being unimportant in inland regions. But their splendour is a great one. These are the small-scale processes that effect us on a day to day basis along large inland bodies of water. They can have a observable effect to those who live their lives around these inland bodies of water. If you want to get a full essay, order it on our website: Ordercustompaper.com

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