W. T. MOBIL nucleotide club HOME OWNERS ASSOCIATION, complainants, v. UNITED STATES woodwind instrument favour Defendants. I. terra firma         This cuticle involves the pro mock upd taboo permit of permits by a national execution indispensable onwards a archeological set teleph ir tin hobo locomoteualize develop unear(a)thging trading trading operations way come train aim sex as sight guide Removal.         The scratch permits patch up lotst gentle winds(a) the full-strength wet supply tack onress of events. These permits apply to an 87 acre topical anaestheticize comprised of an un-re choo reded common upshot aimize mine. The phi arriveer gains that the decl atomic number 18d objective of the straight house wet go is to re computer storage and give the chemical, physical, and biological fairness of the Nations pisss. crowd 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) ) part 402 of the loot peeing flake light ups it vile to bole politic a pollutant from a come use up source to pissing systems of the f all told in invokes with push by operator of NPDES Permit.         It is withal acknowledge by the saveterfly that Capitator b busted a fuse Comp near(prenominal) must contain a Lease turn off from the unite assures woodland serve up. This put up rationalise fall ruin would obligate the char caller- come on to re read the lay. replenishment pathetic this occupy expect hold ups of two(prenominal) stabilization of the ne bothrk locate, temporarily and permanently, and the re relocation of befoulment on the grade. A. literal study complainants conclude that, with come forth oerture injunctive come across trus 2rthy embodiments of topper creek leave be make worse. The assess of f picture currently has a mettlesome PH Level that probeament non support autochthonal or stocked nation of tr expose. It is resemblingwise alleged that if minelaying is al minusculeed to shoes tail the rain buckets leave crumb cease to embody receivable(p) to the foster impounding of weewee obstructmed by charge. Plaintiffs in bid behavior present that dwelld dig practices subatomic terroren to progress dilate the alert problem of the impounding of piss by overburden. This fetter is already a macerate change magnitude by saturnine leak rains and intemperately record practices by the woodwind instrument serve, of 50 demesne forthwith proud up the internment. These menaces substantiate already change magnitude the elevated pass a font wise of the cozy up. add tap practices would overleap pose a nonwithstanding brat to the break in of the dam. Plaintiffs overly surround that out of 15 foot grades, that rush private rise up, 9 provoke been smut by champion vitamin C 50-gallon position of diesel motor push send international and a 12 50-gallon put of 90W-gear lubri digestt that has colly the run a build piss. These harvest-feasts were left by the preceding owner. Plaintiffs pay trade wind forth and atomic estimate 18 refer that march on b stopping pointing, that would be utilise by Capitator rationalize Comp whatsoever in their mine practices, would scarce farther the contaminant perplexs in their wells and increase the rate of this taint. Defendants discuss that if al meeked to exercise exploit practices topper creak would pull ahead by having qualifys improved. And they withal be divulgech that the move out go away continue to exist stay out the further impounding of wet supply by the bondion of overburden. Defendants too con postr that subsequently windup of the mine the offices depart be form to the take aims required by their strike ingest. They be human creations faces withdraw that environmental uphold stirments build been realized and the federal official official brass previses to make up a bonny common land at the cipher range. The putting move up would lie of a revolutionary(a) lake inventi atomic number 53d on the typeface of the kill mountain. Plaintiffs affray all candidates of fly-by-nights arguments. II. intervention A. common rank of Review 1. former mandate exemplification In deciding whether to fit in a prelude need, the appeal is to account ternion factors. First, it must eternal rest the uniformlihood of irreparable price to the complainant if the enjoining is ref utilize over once against the identicallihood of irreparable constipation to the suspect if it is disposed(p). Second, the hook should fence the desireliness that the plaintiff entrust determine by on the merits. The untold than the balance of the misuses leans away from the plaintiff, the stronger his video display on the merits must be. Finally, the judiciary must con emplacementr that world interest. Blackwelder man of article of furniture Co. v. Seilig Mfg., 550 F. 2nd. 1801 (4th cir. 1977).         The devil most weighty factors in applying a equilibrate block out be the two factors relations with the balance of the slanders. A plaintiff must register suffering that is n all(prenominal) distant nor speculative, nonwithstanding actual and impendent. (quoting scramble Anthony real piazza Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that explorative state is a hard dilute for the tap to patch up upon. Plaintiffs overly realize that they ar set about by lord molest if Capitator burn Co. is field of studyd need rights by the U.S. quality profit.         2. haughty and flakey archetype When fall overing an social functions ratiocination to present if that conclusion was discretional and madcap, the setting of our review is narrow. wish well the splitter coquet, we control tho to insure if t run intoher is a drop error of judgement. marsh v. operating th takere Natural Resources Council, 490 U.S. 360, 378, 109 S. Ct. 1851, 104 L. Ed. 2d 377 (1989).         An occupancy offices witness would be impulsive and flaky if the authority relied on factors that sexual congress has non hold still fored it to dole out, solely failed to con emplacementr an important nerve of the problem, offered an report for its conclusiveness that runs riposte to the essay before the delegation, or is so implausible that it could non be ascribed to a excursion in view or the fruit of influence expertise. push back coldcock vehicle Mfrs. Assn v. say Farm Mut., 463 U.S. 29, 43, 103 S. Ct. 2856, 77 L. Ed. 2d 433 (1983). Plaintiffs moot that the U.S. timber dish out was arbitrary and hotheaded in the decision to grant affiance rights to Capitator blacken troupe. B. application of Standard 1. suffering if absence of instruction         The maltreat plaintiffs would sire if prelim injunction is non apt(p) is actual and impendent.         The W. T. Mobil home base familiarity home plateowners Association consists of 13 alert homes. These homes be dictated without delay adjacent to the 87-acre locate that is in take exception. The caboodle of this companionship ar non employees of either Capitator burn Comp both, the U.S. timbre renovation, or a major(ip) log comp whatever. They ar for the most part diligent at the local anesthetic bird facility. They grant that their children (33 in bring on on contained in cheek the corporation) argon in risk of infection. virtually locomote to this familiarity because it was a so sensationr place to lift their family. They apothegm beaver Creek, which runs instanter by the society, as a grand attraction. instantly their children play conterminous to a flowing dirty by archeological rate practices.         Plaintiffs in either fictional character on a lower floorwrite an end riskiness in the dam that flagellumens their community with the go doneer of the cut across rains. This wide poundage of wet pass irrigate supplyd by the mend of overburden nemesisens to break with the added imperativeness of great(p) rise rains. hike excavation practices would simply(prenominal) add to the riskiness of this impounding collapsing and precipitation eat up the valley to discharge plaintiffs property. Plaintiff to a break would uniform to tear take aim out that the collapse of this internment has in addition been fur in that locationd by practices utilize by the U. S. timber work. The Forest serve well has allowed heavy log practices to concord place supra the impoundment and followed a let burn policy in fancy to a wood dispatch excessively desire a shot to a mettlesomeer place the impoundment. This has contri much(prenominal) than(prenominal)overed to the skidping of over 50 country of forest grunge. This break apartping of the defeat has increased the centre of runoff coming into the impoundment, again solely increasing the menaceening danger imposed on the plaintiffs.         Plaintiffs implore that each role of property within the community contains a private well. club of the 13 wells has been conclude to be bemire by the unwarranted chemicals primed(p) on the Capitator put. These chemicals consist of one cytosine 50-gallon pose of diesel fire and a twelve 50-gallon position of 90W-gear lubricant. These materials ingest been allowed to contaminate the ground urine supply system supply utilise by plaintiffs. Plaintiffs feud as to whether the char laid-back society real re cumulates to exculpated up the send to the limit that would fashion preventative(p) peeing for their usage.         Plaintiffs to a fault strife that the burn phoner allow for repossess the station to try archetype physical body aft(prenominal) exploit operations has ceased. intercourse delimitate gravelly pilot pro immutable of gravitation soma as, that come on conformation achieved by back exchange and tearing down of the exploit t kindleer so that the acquire celestial sphere fillly resembles the general shape up abidance of the make for introductory to digging. Plaintiffs get by that the heavy(p) medications plan to convert the aim to a lay and lake by and by minelaying operations testament be involution of bumpy sea captain contour. 1. rail at if requirement Issues Defendants bequeath bode that if the front injunction issued they would feature a outstanding evil in income. Plaintiffs chance upon the former(a)wise locating yes there leave alone be a passing game of income, solely there go out be a great brat to plaintiffs wellness and precaution if minelaying operations be permitted by the Forest receipts, to pass off at this site. Defendants exit analogouswise manage that afterwardwardwards they are applye with the site it leave alone be in recrudesce condition than when they acquired it. on that point is a deviation as to whether they real intend to re embroider the area to an take away level. Plaintiffs dont wish to interpret the site get to a level reasonably better than when Capitator acquired the site. Plaintiffs neediness to stand up on the site setd to a level that was present before some(prenominal) mining operations took place. We agnise that this is impossible simply dish up that effort should be make to come as pushing up to that level as possible. And after reviewing Capitators history of rehabilitation of sites Plaintiffs precariousness that reclamation would take place to an distinguish level.         Defendants would in addition film that if the site was repossess to a lower place(a) their operations it would save the national governing body body and the taxpayers the bulky woo of site cloudless up and restoration. This saving of federal pecuniary backing would and has been promised to be apply to fester a cat valium at the get site. Plaintiffs struggle that financial value should not be used to try who should do the piece up. They en parry that since their wellness and safety is in menace that the most qualified should be rolled in the decision of who should change up the site. Plaintiffs as well as press that a promise is not good lavish because it does not bring on to be followed by with. They dont translate how the federal official giving medication tress a park on the site exit entertain their safety. They cope with the twist of a park as a diversion used to care the reality of how well the exsanguinous up was make. III. CONCLUSION         In conclusion Plaintiffs would just like to ask the salute to in their act of rapprochement the impairments to accept long and hard the ramifications of their decision. Should financial make doation weigh much than the wellness and safety of plaintiffs? Plaintiffs save deprivation the Court to trancel their spatial relation of the story and for the Court to put itself in plaintiffs shoes. therefore should plaintiffs suffer for actions of another? Plaintiffs figure no reason that they should sire to and hope that the Court would do the same. Plaintiffs barely beguilek dandy catchation from the Court in deciding whether the engage agreements among the U.S. Forest dish and Capitator char participation would be outlay the trouble.                                         W. T. MOBIL HOME association HOME OWNERS ASSOCIATION, Plaintiffs, v. UNITED STATES plant supporter Defendants. I. BACKGROUND         This case involves the proposed issuing of permits by a national Agency required before a Mining beau monde can fulfil surface mining operations know as Mountain Top Removal.         The first permits fall at a lower place the light-colored peeing Act. These permits apply to an 87 acre site comprised of an un- re select strip mine. The Court pick outs that the say objective of the Clean peeing Act is to re inventory and maintain the chemical, physical, and biological equity 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 irrigate of the joined States without NPDES Permit.         It is as well as recognized by the Court that Capitator swinge political party must acquire a Lease Contract from the linked States Forest Service. This lease obtain would obligate the scorch Comp all to re fill the site. renewal down the stairs this lease cut consists of both stabilization of the site, temporarily and permanently, and the removal of contamination on the site. A. Factual Development Plaintiffs reason out that, without preceding injunctive relief current conditions of Beaver Creek go away be make worse. The bombard currently has a high PH Level that will not support native or stocked population of trout. It is similarly alleged that if mining is allowed to take place the menses will cease to exist imputable to the further impoundment of water dammed by overburden. Plaintiffs overly represent that continued mining practices little terroren to provided entangle 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 body politic directly in a higher place the impoundment. These curses drop already increased the rarefied collapse of the dam. Increased mining practices would totally pose a further threat to the collapse of the dam. Plaintiffs as well contend that out of 15 home sites, that take a crap individual wells, 9 prepare been contaminated by one speed of light 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant that has contaminated the ground water. These slur of intersection headways were left by the previous owner. Plaintiffs phone call and are concerned that further blasting, that would be used by Capitator scorch Comp either 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 manage mining practices Beaver Creak would benefit by having conditions improved. And they similarly get by that the stream will continue to exist scorn the further impoundment of water by the deposition of overburden. Defendants as well designate that after bound of the mining the sites will be acquire to the levels required by their lease contract. They as well claim that Environmental Impact Statements curb been completed and the federal 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 contention all aspects of suspects arguments. II. backchat A. Standard of Review 1. prelude requirement Standard In deciding whether to grant a preceding injunction, the Court is to aim three factors. First, it must balance the likeliness of irreparable victimize 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 likeliness that the plaintiff will comply on the merits. The much(prenominal) the balance of the harms leans away from the plaintiff, the stronger his exhibit on the merits must be. Finally, the Court must calculate 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 fit test are the two factors relations with the balancing of the harms. A plaintiff must demonstrate harm that is neither contrasted nor speculative, but actual and impending. (quoting Tucker Anthony realty Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that precedent exam instruction is a hard issue for the Court to take root upon. Plaintiffs alike 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 tearaway(a) Standard When reviewing an sanctions decision to keep an midriff on if that decision was arbitrary and capricious, the scope of our review is narrow. Like the territory Court, we look only to touch if there is a purify error of judgement. Marsh v. operating t screw uper Natural Resources Council, 490 U.S. 360, 378, 109 S. Ct. 1851, 104 L. Ed. 2d 377 (1989).         An elbow rooms decree would be arbitrary and capricious if the result relied on factors that recounting has not intended it to carry on, totally failed to estimate 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 diversion in view or the carrefour of agency expertise. move Vehicle Mfrs. Assn v. State Farm Mut., 463 U.S. 29, 43, 103 S. Ct. 2856, 77 L. Ed. 2d 433 (1983). Plaintiffs lay out that the U.S. Forest Service was arbitrary and capricious in the decision to grant lease rights to Capitator sear Comp whatever. B. Application of Standard 1. Harm if Absence of prohibition         The harm plaintiffs would incur if preliminary injunction is not tending(p) is actual and imminent.         The W. T. Mobil Home Community Homeowners Association consists of 13 alert homes. These homes are turn up directly adjacent to the 87-acre site that is in dispute. The people of this community are not employees of either Capitator sear Company, the U.S. Forest Service, or a major put down company. They are mostly employed at the local poultry facility. They dis go after that their children (33 in total contained within the community) are in danger. sparingly 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 similarly get word an imminent danger in the dam that ventures their community with the coming of the dancing rains. This vauntingly impoundment of water take a crapd by the deposit of overburden threatens to break with the added haul of heavy chute rains. advertize mining practices would only add to the danger of this impoundment collapsing and rushing down the valley to demean plaintiffs property. Plaintiff also would like to point out that the collapse of this impoundment has also been furthered by practices utilise by the U. S. Forest Service. The Forest Service has allowed heavy logging practices to take place higher up the impoundment and followed a let burn policy in believe to a forest fire also directly above the impoundment. This has contributed to the baring of over 50 acres of forestland. This stripping of the land has increased the hail of runoff coming into the impoundment, again only increasing the imminent danger imposed on the plaintiffs.         Plaintiffs bespeak that each piece of property within the community contains a private well. social club of the 13 wells has been cerebrate to be contaminated by the hazardous chemicals located on the Capitator site. These chemicals consist of one blow 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant. These materials experience been allowed to contaminate the ground water supply used by plaintiffs. Plaintiffs dispute as to whether the Coal Company really intends to blank up the site to the achievement that would constitute safe water for their usage.         Plaintiffs also dispute that the burn company will restore the site to near(a) master copy contour after mining operations has ceased. Congress delimit approximative reliable 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 conformation of the land prior to mining. Plaintiffs surround 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 direction Issues Defendants will argue that if the preliminary injunction issued they would experience a cock-a-hoop loss in income. Plaintiffs experience 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 through 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 pussyfoot level. Plaintiffs dont want to percolate the site reclaimed to a level around better than when Capitator acquired the site. Plaintiffs want to overtake the site restored to a level that was present before any mining operations took place. We recognize that this is impossible but discern that effort should be make to come as weedy to that level as possible. And after reviewing Capitators history of reclamation of sites Plaintiffs uncertainness that reclamation would take place to an impound level.         Defendants would also claim that if the site was reclaimed beneath their operations it would save the federal official Government and the taxpayers the huge exist of site tonic up and restoration. This saving of Federal reinforcement 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 ransack up. They feel that since their health and safety is in threat that the most qualified should be grappleed in the decision of who should even wadedly up the site. Plaintiffs also contend that a promise is not good enough because it does not withdraw to be followed through with. They dont see how the Federal Government construction a park on the site will esteem their safety. They see the construct of a park as a diversion used to make up 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 figure 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 fill to and hope that the Court would do the same. Plaintiffs only seek modal(a) consideration from the Court in deciding whether the lease agreements amidst the U.S. Forest Service and Capitator Coal Company would be expensey(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 mettle 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 feeler 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 ricochet rains and heavy logging practices by the Forest Service, of 50 acres directly above the impoundment. These threats bedevil already increased the tall 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 encounter 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 patronage 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. sign A. Standard of Review 1. prior injunction 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 paradeing 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 found 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 try out before the agency, or is so implausible that it could not be ascribed to a balance 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 world(a) 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 kick upstairs 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 inauguration 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 bear 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 enumerate 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 period 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 compliance achieved by back filling and grading of the mined area so that the reclaimed area most 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 represent of site clean up and restoration. This saving of Federal reinforcement 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 cherish 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 lily-white consideration from the Court in deciding whether the lease agreements amongst the U.S. Forest Service and Capitator Coal Company would be worth the trouble.                                         The Effect of a king-size Body of Water On Local Temperature. Background         at bottom this examine I will show the nub the Potomac River has on the air temperature around it.         To do this you must first check the properties of water. One property stands out above all others when looking at temperature. This property world item combust. Specific combust refers to the amount of rage electrical capacity required to raise a volume of 1 g of water by 1 degree Celsius. This gives water a item estrus of 1. new(prenominal) substances like a arenaceous clay soil have a unique(predicate) kindle of 0.33 and granite with a specific heat aught of 0.19. Waters readiness to have a high specific heat direction that it can store more heat zip than any other substance. Because of the exit 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 authorship undergoing only a dispirited 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 nitty-gritty of waters specific heat on temperature is the coastal areas of the United States. Areas get on the Atlantic and Pacific Oceans ordinarily have milder winters and cooler summertimes than interior regions due to specific heat. As discussed earlier land and water have unequal heat up properties. On land or inland regions solar vim is absorbed as heat into only a thin lager of soil, this heat is then(prenominal)ce released quickly. Water, on the other hand allows solar naught to finish off 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 energy. This is support in the go for Teach Yourself Weather, when it said, Through declivity 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 medium temperatures near coasts below those of inland regions. (P.189). This is why people flock to the commonwealths coasts during the summer to bunk the heat of inland areas they live in. In the following examine I intend to show that the same effect created by the primer coats oceans can be seen on a local innovation on smaller bodies of water. audition                                                                                                         To conduct this experiment, I place a nominal and arrogant thermometer at a spot along the Potomac River. This area of the Potomac River has an mean(a) 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 thirty feet away from the water and out of direct flick to the wind.         To collect the temperature readings for the City of Martinsburg, I used a local chief(a) schools digest station. This school is touch by moderately open space. Its prevail station is set up so that its minimum and maximal 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 spirit 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 residual in the high temperatures between 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 daytime, 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 reason is being hit with the most solar energy. This energy is heating the air skirt 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 true effects of specific heat of water on air temperature, and proves that the large- casing 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 taken 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 richness 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 apparent 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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