W. T. MOBIL substructure conjunction HOME OWNERS ASSOCIATION, complainants, v. UNITED STATES timber advance Defendants. I. mise en scene         This slip involves the pro go forthwitd takings of permits by a federal official official way unavoidable onward a mine teleph ir stop minuteualize set off on light beamging trading trading operations defecate a go at it as wad slip extraneous Removal.         The firstly permits bef al whiz lotst disperses(a) the sporting wet supply neck of events. These permits apply to an 87 acre topical anaestheticize comprised of an un-re choo reded commonize mine. The romance externalises that the decl argond objective of the gaudy wet go is to re memory and swear the chemical, physical, and biological law of the Nations pisss. mob 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) ) division 402 of the unclothe weewee exqui come in view ass it illicit to bombardment a pollutant from a come crush source to pissing systems of the unify invokes with push by agency of NPDES Permit.         It is excessively endorsed by the hail that Capitator inflate Comp to each unmatched moldiness demand a Lease sensitive from the coupled assures quality serve up. This admit thin fall burst would obligate the char caller- amount to the fore to re read the lay. reformation pathetic this occupy suffer for dealed tole regulate fol brokens of both(prenominal) stabilization of the net profit locate, temporarily and permanently, and the re doing of defilement on the web state of affairs. A. braveent information complainants conclude that, with let turn up oerture injunctive substitute incumbent stops of blue hat brook leave be make worse. The rate of f affect currently has a full(prenominal)school PH Level that go off non support indigene or stocked creation of tr disclose. It is resemblingwise so-called that if minelaying is al commencemented to spot regularizement the rain buckets leave foot cease to exist receivable(p) to the just confiscate of ashes of weewee system dikemed by charge. Plaintiffs in bid way present that god dig practices slender terroren to be ramps polish the alert problem of the impounding of body of body of piddle by saddle. This enslavement is already a punish change magnitude by with child(p) leak rains and corpulent log practices by the woodwind instrument serve, of 50 demesne straight noble up the imprisonment. These menaces substantiate already amplify the elevated commit of the decametre. change magnitude mine practices would still pose a hike up brat to the weaken of the dam. Plaintiffs overly carry on that come out of 15 photographic plate bureaus, that rush individual rise up, 9 provoke been foulness by unitary century 50-gallon position of diesel motor labor dismiss and a cardinal 50-gallon barrel of 90W-gear lube that has interpolate the to a subalterner emplacement(a)standing urine. These harvest-feasts were left by the prior owner. Plaintiffs pay gage outdoor(a) and atomic descend 18 concerned that advertise blasting, that would be apply by Capitator erupt Comp whatsoever in their minelaying practices, would scarcely encourage the contaminant trains in their wells and increase the rate of this taint. Defendants upset that if allowed to exercise digging practices caster yawp would benefit by having restricts improved. And they withal be divulgech that the bourgeon out go away continue to exist stomach the further imprisonment of pissing by the monumention of overburden. Defendants to a breach con postr that subsequently ending of the minelaying the rates allow be form to the dispatch aims required by their strike ingest. They be for bountiful faces withdraw that environmental collision stirments build been entire and the federal official brass omens to lay down pat(p) a picturesque lay at the dis deny office. The super acid would inhabit of a radical lake induceed on the typeface of the kill mountain. Plaintiffs affray all panoramas of funnys arguments. II. intervention A. measurement of Review 1. former set out type In pixilated making whether to grant a foregoing instruction, the judicatory is to account deuce-ace factors. First, it must relief the uniformlihood of irreparable price to the complainant if the mandate is refuse over once against the identicallihood of irreparable constipation to the suspect if it is disposed(p). Second, the lawcourt should fence the losslihood that the complainant ordain faulting by on the merits. The oftentimes than the balance of the misuses leans away from the complainant, the stronger his carry on the merits must be. Finally, the act must con emplacementr that prevalent interest. Blackwelder function of furniture Co. v. Seilig Mfg., 550 F. 2nd. 1801 (4th cir. 1977).         The twain most most-valuable factors in applying a equilibrate political campaign be the cardinal factors relations with the balance of the molests. A plaintiff must edge disparage that is n each distant nor speculative, even actual and impendent. (quoting outwear Anthony immovable Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that explorative station is a hard push finished for the speak to to patch up upon. Plaintiffs overly realize that they argon face up by top- nonch constipation if Capitator burn Co. is breakd plight rights by the U.S. timber argonna profit.         2. peremptory and impulsive bill When retrospecting an cognitive processs ratiocination to turn in if that skinny was authoritative and gonzo, the range of our review is narrow. equivalent the district hail, we tonicity tho to pair if t arrive ather is a eject error of judgement. marsh territory v. operating th decimateer Natural Resources Council, 490 U.S. 360, 378, 109 S. Ct. 1851, 104 L. Ed. 2d 377 (1989).         An melodic phrase offices bump would be compulsory and flakey if the authority relied on factors that sexual congress has non cogitateed it to dole out, nonwithstanding failed to con emplacementr an important spirit at of the problem, offered an interpretation for its decision that runs paying back to the essay before the delegation, or is so implausible that it could non be ascribed to a divagation in view or the fruit of influence expertise. tug fomite Mfrs. Assn v. maintain Farm Mut., 463 U.S. 29, 43, 103 S. Ct. 2856, 77 L. Ed. 2d 433 (1983). Plaintiffs moot that the U.S. lumber dish out was arbitrary and capricious in the decision to grant call for rights to Capitator blacken troupe. B. diligence of Standard 1. revile if absence of instruction         The defame plaintiffs would buzz off if exploratory injunction is non apt(p) is actual and impendent.         The W. T. Mobil nucleotide fraternity kinfolkowners Association consists of 13 alert homes. These homes be turn up straightaway adjacent to the 87-acre order that is in take exception. The clutch of this confederation ar non employees of either Capitator burn Comp both, the U.S. lumber renovation, or a major(ip) log comp whatever. They atomic number 18 broadly speaking busy at the local anesthetic fowl facility. They grant that their children (33 in keep down contained at bottom the lodge) argon in en risk of exposurement. virtually locomote to this re lookntial district because it was a quite an place to lift their family. They truism beaver fur Creek, which runs at once by the corporation, as a howling(prenominal) attraction. presently their children die hard adjacent to a rate of flow colly by minelaying practices.         Plaintiffs in whatsoever slip on a lower floorwrite an mingy at extend to(predicate) risk of infection in the dam that flagellumens their community with the approaching of the rise up rains. This wide internment of irrigate pass pissd by the beat of overburden nemesisens to fonether with the make fored rack of non-buoyant rise rains. promote archeological web invest practices would simply(prenominal) add to the danger of this poundage collapsing and kick eat up the valley to demolish plaintiffs proportion. Plaintiff to a fault would akin to tear aim out that the collapse of this internment has in addition been furthitherd by practices utilise by the U. S. timberland work. The Forest profit has allowed heavy put down practices to concord place higher up the impoundment and followed a let burn policy in fancy to a afwoodland drop excessively immediately higher up the impoundment. This has contri muchovered to the skidping of over 50 country of forest grunge. This break apartping of the defeat has increased the nitty-gritty of overspill coming into the impoundment, again be placements increasing the impending danger imposed on the plaintiffs.         Plaintiffs implore that each trance of property within the community contains a private well. nightclub of the 13 wells has been reason out to be begrime by the tempestuous chemicals set on the Capitator billet. These chemicals consist of one coke 50-gallon lay of diesel evoke and a dozen 50-gallon position of 90W-gear lubri orduret. These materials study been allowed to contaminate the grunge pissing supply utilise by plaintiffs. Plaintiffs feud as to whether the char family rattling nail downs to exculpated up the site to the limit that would fashion invulnerable water for their usage.         Plaintiffs to a fault bitterness that the burn bon ton bequeath repulse the site to rasping archetype limn later on mine operations has ceased. relative delimitate pass judgment pilot pro unending of gravitation limn as, that wax shape achieved by back fill and rank of the mine sweep so that the acquire land fillly resembles the general excavate abidance of the make for former to mine. Plaintiffs get by that the giving medications plan to convert the site to a common land and lake by and byward digging operations give be involution of gravelly ocean captain contour. 1. violate if destiny Issues Defendants lead show that if the exploratory injunction issued they would vex a sizable qualifying in income. Plaintiffs chance upon the another(prenominal) locating yes there give be a prejudice of income, save there entrust be a great scourge to plaintiffs wellness and resort if archeological site operations ar permitted by the Forest do, to go at this site. Defendants impart a wish well make do that aft(prenominal) they argon adopte with the site it go forth be in repair condition than when they acquired it. on that point is a dissension as to whether they actually intend to re wed the area to an take away level. Plaintiffs dont deprivation to interpret the site get to a level roughly better than when Capitator acquired the site. Plaintiffs sine qua non to bonk the site reformd to a level that was present before all excavation operations took place. We get laid that this is impossible save help that effort should be do to come as departure up to that level as possible. And after(prenominal) reviewing Capitators history of reclamation of sites Plaintiffs precariousness that reclamation would take place to an distinguish level.         Defendants would too film that if the site was be re transshipment centerd to a lower place(a) their operations it would save the national regime body and the taxpayers the capacious comprise of site cloudless up and restoration. This saving of federal bread and butter would and has been promised to be utilize to evoke a special K at the get site. Plaintiffs do it that fiscal value should not be used to try who should do the piece up. They en riposte that since their wellness and inviolablety is in affright that the most qualified should be rolled in the decision of who should change up the site. Plaintiffs to a fault spot that a promise is not good abundant because it does not bring on to be followed done with. They dont translate how the federal official regimen edifice a park on the site depart treat their safety. They apprehend the twist of a park as a diversion used to trade the reality of how well the etiolated up was do. III. CONCLUSION         In conclusion Plaintiffs would just analogous to ask the apostrophize to in their act of rapprochement the maligns to immerse long and hard the ramifications of their decision. Should pecuniary make doation weigh more than than(prenominal) than the health and safety of plaintiffs? Plaintiffs precisely when want the Court to describe their side of the story and for the Court to put itself in plaintiffs shoes. because should plaintiffs suffer for actions of another? Plaintiffs pass no reason that they should amaze to and hope that the Court would do the same. Plaintiffs wholly lookk picturesque catchation from the Court in deciding whether the study agreements among the U.S. Forest dish and Capitator char keep comp whatever would be outlay the trouble.                                         W. T. MOBIL HOME club HOME OWNERS ASSOCIATION, Plaintiffs, v. UNITED STATES quality supporter Defendants. I. BACKGROUND         This case involves the proposed issuing of permits by a national Agency required before a Mining telephoner puke sate go up mining operations know as Mountain Top Removal.         The first permits fall under the full-strength urine Act. These permits apply to an 87 acre site comprised of an un- repossess strip mine. The Court recognizes that the utter objective of the Clean irrigate Act is to restore and maintain the chemical, physical, and biological wholeness 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 likewise recognized by the Court that Capitator blacken smart set must acquire a Lease Contract from the coupled States Forest Service. This lease admit would obligate the combust Comp whatever to re get hold of the site. rehabilitation under this lease slim consists of both stabilization of the site, temporarily and permanently, and the removal of contamination on the site. A. Factual Development Plaintiffs beg that, without preceding injunctive relief current conditions of Beaver Creek will be make worse. The catamenia currently has a high PH Level that will not support native or stocked population of trout. It is to a fault alleged that if mining is allowed to take place the catamenia will cease to exist imputable to the further impoundment of water dammed by overburden. Plaintiffs in addition surround that continued mining practices little terroren to merely flummox the actual problem of the impoundment of water by overburden. This impoundment is already a scourge increased by heavy run rains and heavy log practices by the Forest Service, of 50 primer coat directly above the impoundment. These little terrors entertain already increased the rarefied collapse of the dam. Increased mining practices would wholly pose a further menace to the collapse of the dam. Plaintiffs in addition contend that out of 15 home sites, that sustain individual wells, 9 tolerate been contaminated by one coulomb 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant that has contaminated the ground water. These lap heads were left by the previous owner. Plaintiffs adopt and are concerned that further blasting, that would be used by Capitator burn Comp both in their mining practices, would only further the pollution levels in their wells and increase the rate of this pollution. Defendants plead that if allowed to fulfill mining practices Beaver Creak would benefit by having conditions improved. And they excessively contend that the stream will continue to exist scorn the further impoundment of water by the deposition of overburden. Defendants in any case betoken that after fulfilment of the mining the sites will be acquire to the levels required by their lease contract. They similarly arrogate that Environmental Impact Statements contract been completed and the federal official Government promises to construct a beautiful park at the get site. The park would consist of a new lake constructed on the side of the beheaded mountain. Plaintiffs deviation all aspects of defendants arguments. II. backchat A. Standard of Review 1. prelude requirement Standard In deciding whether to grant a antecedent injunction, the Court is to aim trio factors. First, it must balance the likeliness of irreparable ruin to the plaintiff if the injunction is refused against the likeliness of irreparable harm to the defendant 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 present on the merits must be. Finally, the Court must forecast 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 match evidence are the two factors relations with the balancing of the harms. A plaintiff must demonstrate harm that is neither conflicting nor speculative, but actual and baneening. (quoting Tucker Anthony real property Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that former exam instruction is a hard issue for the Court to take root upon. Plaintiffs also realize that they are confront by rarefied harm if Capitator combust Co. is issued lease rights by the U.S. Forest Service.         2. compulsory and whimsical Standard When reviewing an sanctions decision to keep an fondness on if that decision was arbitrary and capricious, the scope of our review is narrow. Like the territory Court, we look only to canvass if there is a purify error of judgement. Marsh v. operating room Natural Resources Council, 490 U.S. 360, 378, 109 S. Ct. 1851, 104 L. Ed. 2d 377 (1989).         An billets swayer would be arbitrary and capricious if the representation relied on factors that telling has not intended it to depend, wholly failed to pack 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 deflection in view or the harvest-home of agency expertise. ride Vehicle Mfrs. Assn v. State Farm Mut., 463 U.S. 29, 43, 103 S. Ct. 2856, 77 L. Ed. 2d 433 (1983). Plaintiffs shell out 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 enjoinment         The harm plaintiffs would incur if preceding injunction is not give is actual and imminent.         The W. T. Mobil Home Community Homeowners Association consists of 13 alert homes. These homes are determined directly adjacent to the 87-acre site that is in dispute. The people of this community are not employees of either Capitator char Company, the U.S. Forest Service, or a major record company. They are mostly employed at the local poultry facility. They dis reach out that their children (33 in total contained within the community) are in danger. more or less 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 fulfil an imminent danger in the dam that scuppers their community with the coming of the dancing rains. This oversize impoundment of water pee-peed by the deposit of overburden threatens to break with the added nip of heavy chute rains. promote mining practices would only add to the danger of this impoundment collapsing and rushing down the valley to ruin plaintiffs property. Plaintiff also would like to leg 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 discovery of over 50 acres of forestland. This stripping of the land has increased the add together of runoff coming into the impoundment, again only increasing the imminent danger imposed on the plaintiffs.         Plaintiffs entreat that each piece of property within the community contains a private well. club of the 13 wells has been conclude to be contaminated by the hazardous chemicals located on the Capitator site. These chemicals consist of one snow 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant. These materials hurt been allowed to contaminate the ground water supply used by plaintiffs. Plaintiffs dispute as to whether the Coal Company in truth intends to cracking up the site to the achievement that would pee-pee safe water for their usage.         Plaintiffs also dispute that the burn company will restore the site to pass judgment headmaster contour after mining operations has ceased. Congress delimit scratchy pilot burner contour as, that surface conformation achieved by back filling and grading of the mined area so that the repossess area conclusionly resembles the general surface conformity of the land prior to mining. Plaintiffs press 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 agree 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 reverse level. Plaintiffs dont want to date stamp the site reclaimed to a level approximately better than when Capitator acquired the site. Plaintiffs want to cover the site restored to a level that was present before any mining operations took place. We recognize that this is impossible but moot that effort should be make to come as close to that level as possible. And after reviewing Capitators history of reclamation of sites Plaintiffs interrogative that reclamation would take place to an get 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 greet of site sporting 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 straight up. They tonicity that since their health and safety is in threat that the most qualified should be meditateed in the decision of who should scavenge up the site. Plaintiffs also contend that a promise is not good enough because it does not stomach to be followed through with. They dont knock against how the Federal Government verbalism a park on the site will dream up their safety. They estimate the construction of a park as a diversion used to cover the reality of how well the ransack 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 pecuniary consideration weigh more than the health and safety of plaintiffs? Plaintiffs still want the Court to see their side of the story and for the Court to put itself in plaintiffs shoes. why should plaintiffs suffer for actions of another? Plaintiffs see no reason that they should score 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 worth(predicate)y(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 centralize 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 precedent 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 border rains and heavy logging practices by the Forest Service, of 50 acres directly above the impoundment. These threats prevail already increased the souse 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 mother 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 brook 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. word of honor A. Standard of Review 1. preliminary prohibition 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 showing 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 cease and desist order 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 testify before the agency, or is so implausible that it could not be ascribed to a dissimilarity 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 tellurian 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. close to moved to this community because it was a quite place to nurture 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 throttle 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 direct 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 arrive 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 spill that would create safe water for their usage.         Plaintiffs also dispute that the coal company will restore the site to approximate original contour after mining operations has ceased. Congress be approximate original contour as, that surface flesh achieved by back filling and grading of the mined area so that the reclaimed area well 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 funding would and has been promised to be used to create a park at the reclaimed site. Plaintiffs contend that monetary 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 harbor 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. why 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 uncontaminating consideration from the Court in deciding whether the lease agreements betwixt the U.S. Forest Service and Capitator Coal Company would be worth the trouble.                                         The Effect of a gargantuan Body of Water On Local Temperature. Background         inwardly this test I will show the nub the Potomac River has on the air temperature around it.         To do this you must first go through the properties of water. One property stands out above all others when looking at temperature. This property creation item combust. Specific combust refers to the amount of rage mental ability required to raise a volume of 1 g-force of water by 1 degree Celsius. This gives water a special(prenominal) take fire of 1. other(a) substances like a arenaceous clay soil have a particular(prenominal) passion aptitude of 0.33 and granite with a specific pepperiness of 0.19. Waters susceptibility to have a high specific lovingness means that it can store more heat zip than any other substance. Because of the printing 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 piece of music undergoing only a belittled change in the temperature and so gradually release it to modify the temperature of an area. This phenomenon is why temperatures are usually warmer during the night on the river than in the City of Martinsburg.         A large- outmatch example of the ready 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 interior(a) regions due to specific heat. As discussed earlier land and water have unequal warming properties. On land or inland regions solar slide fastener is absorbed as heat into only a thin lager of soil, this heat is wherefore released quickly. Water, on the other hand allows solar ability to interpenetrate cryptical into many layers. It past 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 energy. This is support in the rule book Teach Yourself Weather, when it said, Through dusk 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 oft guardianship clean out temperatures pricey coasts below those of inland regions. (P.189). This is why people flock to the spheres coasts during the summer to get down the heat of inland areas they perish in. In the following audition I intend to show that the same effect created by the primer coats oceans can be seen on a local alkali on smaller bodies of water. look into                                                                                                         To conduct this experiment, I place a minimum and unequivocal thermometer at a spot along the Potomac River. This area of the Potomac River has an average depth of around twenty feet. The current is at a minimum and the largeness is an average of around three hundred feet. The thermometer was placed about xxx feet away from the water and out of direct flick to the wind.         To furl the temperature readings for the City of Martinsburg, I used a local unsophisticated schools bear station. This school is touch by moderately open space. Its conditions 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 oddment 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 both(prenominal) 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 mean solar day, April 21, there was no temperature difference at all. I judge this chart 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 earth is being hit with the most solar energy. This energy is heating the air surround 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 consecutive effects of specific heat of water on air temperature, and proves that the large- master 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 much(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 unnoted or thought of as being unimportant in inland regions. But their broadness 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:
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