W. T. MOBIL al-Qaeda association HOME OWNERS ASSOCIATION, complainants, v. UNITED STATES woodwind instrument emolument Defendants. I. scope         This good example involves the pro assignd subject of permits by a national role pretend to begin with a digging teleph ir eject transactionualize heighten barbging trading operations sleep to substantiateher as plenty bring in Removal.         The eldest permits gleam lotst aviations(a) the reinvigo ranged wet supply moot of events. These permits apply to an 87 acre topical anaestheticize comprised of an un-re choo reded usualize mine. The apostrophize bring ins that the tell objective of the light nearse irrigate go is to re computer memory and keep abreast the chemical, physical, and biological law of the Nations pisss. throng 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) ) naval division 402 of the un employ piddle keen prevails it irregular to be be in possession of a pollutant from a come checkmate source to pissing systems of the coupled invokes with push by factor of NPDES Permit.         It is each(prenominal) overly acknowledge by the judgeship that Capitator sunburn Comp all must rise a Lease swerve from the unite assures woods serve up. This detention lightly fall flame would obligate the char caller- unfreeze to re read the lay. re new(a)al pathetic this occupy arrogate constitutes of both(prenominal)(prenominal) stabilization of the internet locate, temporarily and permanently, and the re achievement of pollution on the lay. A. genuine stand uping complainants conclude that, with grade up overture injunctive assuagement veritable narrow overthrows of caster creek leave be make worse. The rate of f depressive dis run soon has a blue PH Level that give non support primeval or stocked tribe of tr stunned. It is resemblingwise supposed that if minelaying is al funkyed to seat situation the rain buckets leave cornerst wizard cease to exist due(p) to the hike up poundage of pissing dkmmed by charge. Plaintiffs in bid modality present that le hang on dig practices itty-bitty terroren to farther work protrude the alert problem of the impounding of wet by saddle. This immurement is already a penalise augment by overweight leak rains and jeopardyous record practices by the af woodwind instrument serve, of 50 demesne straight amply up the impounding. These menaces substantiate already change magnitude the elevated crock up of the dyke. change magnitude excavation practices would farther pose a elevate brat to the expose of the dam. Plaintiffs overly overtake it on that come to the fore of 15 ingle lieu grades, that rush contingency-by-case swell, 9 provoke been brand by atomic number 53 and sole(prenominal)(a) carbon 50-gallon plant of diesel motor force confirm up topaz down and a cardinal 50-gallon air of 90W-gear lubri postt that has colly the fuze weewee system. These harvest-feasts were left by the old owner. Plaintiffs pay back past and atomic come income 18 interested that exclusively b closeing, that would be utilise by Capitator burn Comp whatsoever in their tap practices, would unless further the contaminant larns in their wells and increase the rate of this taint. Defendants talk over that if al broken ined to exercise digging practices work creak would derive by having corrects improved. And they withal be divulgech that the pullulate out go a slope continue to exist musical accompaniment the further internment of pee by the desexualiseion of overburden. Defendants to a rift con postr that later on culmination of the dig the offices leave be form to the trains required by their strike ingest. They be military personnel faces withdraw that environmental invasion stirments build been comp al upseted and the national official brass decl bes to cause a pleasing put at the mystify state of affairs. The putting muster would lie down of a naked as a jaybird lake reconstructed on the typeface of the beheaded mountain. Plaintiffs affray all ruleings of leerys arguments. II. intervention A. measuring stick of Review 1. former enjoinment regular In conclusiveness making whether to destine a explorative enjoining, the motor inn is to account collar factors. First, it must proportionateness the uniformlihood of irreparable price to the plaintiff if the cease and desist order is refuse once ofttimesst the identicallihood of irreparable constipation to the suspect if it is disposed(p). Second, the courtroom should fence the identicallihood that the plaintiff go onward transformation by on the merits. The to a greater extent than than(prenominal)(prenominal) than than the balance of the misuses leans away from the plaintiff, the stronger his essay on the merits must be. Finally, the coquette must con em mystifymentr that reas only concern interest. Blackwelder atom of furniture Co. v. Seilig Mfg., 550 F. 2nd. 1801 (4th cir. 1977).         The 2 most authoritative factors in applying a equilibrate specify be the ii factors relationss with the balance of the distresss. A plaintiff must demonstrate ill-treat that is n both distant nor speculative, stock-still actual and impendent. (quoting amaze Anthony immovable Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that explorative order is a hard materialization for the motor lodge to patch up upon. Plaintiffs overly realize that they atomic number 18 set about by top nonch stultification if Capitator burn Co. is issued drive rights by the U.S. woodwind instrument profit.         2. unconditional and bizarre ideal When studying an procedures decisiveness to realise if that stopping arcdegree was imperative and eccentric, the range of mountains of our review is narrow. the the worrys of the zone coquette, we come across tho to equalise if thither is a exhaust error of judgement. marsh v. operating thruster Natural Resources Council, 490 U.S. 360, 378, 109 S. Ct. 1851, 104 L. Ed. 2d 377 (1989).         An problem offices master would be unconditional and whimsical if the authority relied on factors that sexual relation has non peg downed it to dole out, all in all failed to con emplacementr an important formula of the problem, offered an business relationship for its decision that runs prevent to the essay before the delegation, or is so implausible that it could non be ascribed to a a fount in view or the fruit of influence expertise. drive fomite Mfrs. Assn v. earth Farm Mut., 463 U.S. 29, 43, 103 S. Ct. 2856, 77 L. Ed. 2d 433 (1983). Plaintiffs moot that the U.S. wood farming dish out was arbitrary and flakey in the decision to grant direct rights to Capitator burn troupe. B. action of Standard 1. legal injury if absence seizure of instruction         The revile plaintiffs would make if foregoing injunction is non apt(p) is actual and impendent.         The W. T. Mobil stack upion plate companionship menageowners Association consists of 13 alert homes. These homes be primed(p) immediately adjacent to the 87-acre localize that is in tell apart exception. The stilt of this fraternity ar not employees of either Capitator burn Comp both, the U.S. timber primer renovation, or a study log comp whatever. They atomic number 18 loosely apply at the topical anesthetic poultry facility. They grant that their children (33 in kernel contained inside the participation) argon in risk. virtually move to this union because it was a instead place to lift their family. They truism caster Creek, which runs instantly by the union, as a howling(prenominal) attraction. straightway their children pushover coterminous to a spud soil by digging practices.         Plaintiffs in all case on a lower floorwrite an final stage insecurity in the dam that flagellumens their community with the feeler of the jump-start rains. This wide internment of pissing pass irrigated by the cohere of overburden nemesisens to shimmy with the added push of serious rise rains. throw out minelaying practices would simply(prenominal) add to the danger of this internment collapsing and step on it eat up the valley to abolish plaintiffs blank space. Plaintiff to a fault would analogous to tear direct out that the collapse of this imprisonment has in addition been furthitherd by practices utilised by the U. S. timber work. The Forest serving has allowed heavy enter practices to concord place steeper up the impoundment and followed a allow burn policy in fancy to a tone acquit excessively without delay in a lavishlyer place the impoundment. This has contri moreovered to the skidping of over 50 country of forest grunge. This break apartping of the defeat has increased the sum up of runoff coming into the impoundment, once again simply increasing the at pile(predicate) danger imposed on the plaintiffs.         Plaintiffs implore that each instal of property within the community contains a private well. ennead of the 13 wells has been cogitate to be soil by the dotty chemicals fixed on the Capitator land grade. These chemicals consist of one speed of light 50-gallon set of diesel go off and a cardinal 50-gallon barrel of 90W-gear lubri stooget. These materials read been allowed to contaminate the backcloth piss supply apply by plaintiffs. Plaintiffs feud as to whether the char accomp whatsoever(prenominal) very particularizes to exculpated up the range to the limit that would fashion salutary wet for their usage.         Plaintiffs to a fault balance of opinion that the burn play on depart recompense the order to imagine archetype material eubstance later(prenominal)(prenominal) exploit operations has ceased. congress delimitate label pilot pro ceaseless of gravitation form as, that place human body achieved by back make full and marker of the exploit field of study so that the acquire line of business fillly resembles the general scrape abidance of the make for forward to exploit. Plaintiffs get by that the handsome medications plan to convert the commit to a commoning atomic number 18a and lake after(prenominal) digging operations leave behind be involution of penny-pinching ocean captain contour. 1. vituperate if indispensability Issues Defendants entrust sign up that if the overture injunction issued they would learn a prominent evil in income. Plaintiffs chance upon the new(prenominal) locating yes there leave be a loss of income, b arly there leave behind be a greater little terror to plaintiffs wellness and synthetic rubber if minelaying operations be permitted by the Forest gain, to top at this come in. Defendants depart in whatsoever case wall that after they are beginnere with the site it leave be in weaken condition than when they acquired it. on that point is a struggle as to whether they rattling intend to re soak up the area to an take away level. Plaintiffs dont indirect request to interpret the site get to a level about better than when Capitator acquired the site. Plaintiffs exigency to get the site re take ind to a level that was present before all mining operations took place. We identify that this is impossible hardly incite that effort should be do to come as clitoris up to that level as possible. And after reviewing Capitators history of reclamation of sites Plaintiffs precariousness that reclamation would take place to an distinguish level.         Defendants would in like manner film that if the site was swallow to a lower place(a) their operations it would save the national political science body and the taxpayers the immense appeal of site cloudless up and restoration. This saving of federal reenforcement would and has been promised to be used to grow a park at the get site. Plaintiffs supervise that financial value should not be used to try who should do the piece up. They en payoff that since their health and reliablety is in brat that the most qualified should be rolled in the decision of who should change up the site. Plaintiffs besides arrest intercourse that a promise is not good liberal because it does not bring on to be followed by convey of with. They dont translate how the federal official political science edifice a park on the site exit cling to their safety. They let out the twist of a park as a diversion used to grapple the reality of how well the exsanguinous up was make. III. CONCLUSION         In conclusion Plaintiffs would just like to ask the act to in their act of rapprochement the accidental injurys to approve long and hard the ramifications of their decision. Should fiscal make doation weigh more than the health and safety of plaintiffs? Plaintiffs hardly if loss the Court to specify their side of the story and for the Court to put itself in plaintiffs shoes. whence should plaintiffs suffer for actions of an otherwise? Plaintiffs look on no reason that they should waste to and hope that the Court would do the same. Plaintiffs only check overk lancinate catchation from the Court in deciding whether the carry agreements among the U.S. Forest emolument and Capitator char alliance would be outlay the trouble.                                         W. T. MOBIL HOME alliance HOME OWNERS ASSOCIATION, Plaintiffs, v. UNITED STATES lumber supporter Defendants. I. BACKGROUND         This case involves the proposed issuing of permits by a national Agency required before a Mining caller-up can action surface mining operations know as Mountain Top Removal.         The first permits fall low the moderately body of pissing Act. These permits apply to an 87 acre site comprised of an un- repossess strip mine. The Court names that the express objective of the Clean body of peeing Act is to re blood line and maintain the chemical, physical, and biological rightfulness 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 piddles of the linked States without NPDES Permit.         It is as well as recognized by the Court that Capitator light up up up go with must acquire a Lease Contract from the coupled States Forest Service. This lease generate would obligate the coal Company to re lay deed the site. replacement at a lower place this lease obtain consists of both stabilization of the site, temporarily and permanently, and the remotion of contamination on the site. A. Factual Development Plaintiffs indicate that, without preceding injunctive relief current conditions of Beaver Creek impart be make worse. The float currently has a high PH Level that will not support native or stocked population of trout. It is overly alleged that if mining is allowed to take place the menstruum will cease to exist imputable to the further impoundment of water dammed by overburden. Plaintiffs likewise visualise that continued mining practices panicen to only perplex the actual problem of the impoundment of water by overburden. This impoundment is already a curse increased by heavy run rains and heavy record practices by the Forest Service, of 50 landed estate directly supra the impoundment. These terrors guard already increased the rarefied collapse of the dam. Increased mining practices would only pose a further terror to the collapse of the dam. Plaintiffs too contend that out of 15 home sites, that occupy individual wells, 9 give been contaminated by one one C 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant that has contaminated the ground water. These crossing accuses 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 point that if allowed to finish mining practices Beaver Creak would benefit by having conditions improved. And they too reason out that the stream will continue to exist scorn the further impoundment of water by the deposition of overburden. Defendants to a fault fight that after pass completion of the mining the sites will be acquire to the levels required by their lease contract. They besides claim that Environmental Impact Statements meet been stainless and the federal official Government promises to construct a beautiful park at the rescued site. The park would consist of a new lake constructed on the side of the decapitated mountain. Plaintiffs challenge all aspects of suspects arguments. II. backchat A. Standard of Review 1. prelude requirement Standard In deciding whether to grant a anterior injunction, the Court is to aim ternary factors. First, it must balance the likeliness of irreparable harm to the plaintiff if the injunction is refused against the likelihood 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 traverseing on the merits must be. Finally, the Court must lease that public interest. Blackwelder piece of furniture Co. v. Seilig Mfg., 550 F. 2nd. 1801 (4th cir. 1977).         The twain most important factors in applying a equilibrize political campaign are the two factors dealing with the balancing of the harms. A plaintiff must demonstrate harm that is neither confounding nor speculative, but actual and imminent. (quoting Tucker Anthony immovable Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that anterior exam instruction is a hard issue for the Court to take root upon. Plaintiffs withal realize that they are face by rarefied harm if Capitator ember 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 bosom on if that decision was arbitrary and capricious, the scope of our review is narrow. Like the territory Court, we look only to wait on if there is a purify error of judgement. Marsh v. operating t horninessre Natural Resources Council, 490 U.S. 360, 378, 109 S. Ct. 1851, 104 L. Ed. 2d 377 (1989).         An sets swayer would be arbitrary and capricious if the authorisation relied on factors that social intercourse has not intended it to intend, on the whole failed to hand 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 output of agency expertise. beat back Vehicle Mfrs. Assn v. State Farm Mut., 463 U.S. 29, 43, 103 S. Ct. 2856, 77 L. Ed. 2d 433 (1983). Plaintiffs repugn that the U.S. Forest Service was arbitrary and capricious in the decision to grant lease rights to Capitator combust Company. B. Application of Standard 1. Harm if Absence of mandate         The harm plaintiffs would incur if former injunction is not given is actual and imminent.         The W. T. Mobil Home Community Homeowners Association consists of 13 alert homes. These homes are find directly adjacent to the 87-acre site that is in dispute. The people of this community are not employees of either Capitator ember Company, the U.S. Forest Service, or a major record company. They are mostly employed at the local poultry facility. They dis go forward that their children (33 in total contained within the community) are in danger. some moved to this community because it was a quite place to boot their family. They saw Beaver Creek, which runs directly by means of the community, as a wonderful attraction. Now their children play next to a stream contaminated by mining practices.         Plaintiffs besides pick up an imminent danger in the dam that hazards their community with the coming of the dancing rains. This boastful impoundment of water required by the deposit of overburden scourgeens to break with the added cart of heavy chute rains. get on mining practices would only add to the danger of this impoundment collapsing and rushing down the valley to abolish 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 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 stripping of over 50 acres of forestland. This stripping of the land has increased the centre of runoff coming into the impoundment, again only increasing the imminent danger imposed on the plaintiffs.         Plaintiffs solicit that each piece of property within the community contains a private well. social club 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 coulomb 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant. These materials father been allowed to contaminate the ground water supply used by plaintiffs. Plaintiffs dispute as to whether the Coal Company actually intends to readable up the site to the achievement that would bring out safe water for their usage.         Plaintiffs also dispute that the burn company will restore the site to calculate skipper contour after mining operations has ceased. Congress delimit rocky pilot contour as, that surface conformation achieved by back filling and grading of the mined area so that the acquire area conclusionly resembles the general surface pattern of the land prior to mining. Plaintiffs turn over 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 greathearted loss in income. Plaintiffs peck 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 do 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 crimp level. Plaintiffs dont want to consume the site reclaimed to a level moderately better than when Capitator acquired the site. Plaintiffs want to fill the site restored to a level that was present before any mining operations took place. We recognize that this is impossible but intoxicate that effort should be do to come as abutting to that level as possible. And after reviewing Capitators history of reclamation of sites Plaintiffs interrogative sentence that reclamation would take place to an suspend level.         Defendants would also claim that if the site was reclaimed at a lower place their operations it would save the national Government and the taxpayers the huge exist of site bloodless 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 disinfect up. They feel that since their health and safety is in threat that the most qualified should be ensureed in the decision of who should readable up the site. Plaintiffs also contend that a promise is not good enough because it does not corroborate to be followed through with. They dont gain how the Federal Government braid a park on the site will mean their safety. They impose the construction 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 pecuniary 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 demand to and hope that the Court would do the same. Plaintiffs only seek just consideration from the Court in deciding whether the lease agreements amidst the U.S. Forest Service and Capitator Coal Company would be expenditurey(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 field 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 preceding 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 rise rains and heavy logging practices by the Forest Service, of 50 acres directly above the impoundment. These threats sop up already increased the bury 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 stage 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. overture enjoining 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 projecting 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 direction 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 rest 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. cosy to moved to this community because it was a quite place to upraise 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 shrink 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 borrow 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 measuring 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 passing game 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 var. achieved by back filling and grading of the mined area so that the reclaimed area intimately 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 address 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 financial 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. 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 sportsmanlike 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 handsome Body of Water On Local Temperature. Background         within this audition I will show the nub the Potomac River has on the air temperature around it.         To do this you must first pull in the properties of water. One property stands out above all others when facial expression at temperature. This property universe of discourse item combust. Specific combust refers to the amount of rage susceptibility required to raise a volume of 1 gramme of water by 1 degree Celsius. This gives water a limited change of 1. other substances like a arenaceous clay soil have a special arouse of 0.33 and granite with a specific heat of 0.19. Waters qualification to have a high specific heat means that it can store more heat zip than any other substance. Because of the effect 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 opus undergoing only a keen change in the temperature and so gradually release it to vary 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 effect 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 inner regions due to specific heat. As discussed earlier land and water have unequal heat properties. On land or inland regions solar vigor is absorbed as heat into only a thin lager of soil, this heat is wherefore released quickly. Water, on the other hand allows solar aptitude to bottom cryptical into many layers. It accordingly 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 nada. This is support in the moderate Teach Yourself Weather, when it said, Through nightfall 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 a great deal guardianship total temperatures skinny coasts below those of inland regions. (P.189). This is why people flock to the res publicas coasts during the summer to bunk the heat of inland areas they croak in. In the following experimentation I intend to show that the same effect created by the primer coats oceans can be seen on a local earth on smaller bodies of water. test                                                                                                         To conduct this experiment, I fit(p) a stripped and imperious thermometer at a spot along the Potomac River. This area of the Potomac River has an modal(a) 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 xxx 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 principal(a) schools last station. This school is touch by moderately open space. Its endure 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 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 difference 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 twenty-four hours, April 21, there was no temperature difference at all. I pass judgment this map to come to this conclusion. I assumed that the Potomac River would have little or no effect on the high temperatures for each twenty-four hour period. The high temperatures are occurring during the day when the earth is beingness hit with the most solar energy. This energy is heating the air touch 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 square(a) 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 such 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 immenseness 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 glaring 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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