W. T. MOBIL HOME in alliance HOME OWNERS ASSOCIATION, plaintiffs, v. UNITED STATES t hotshot service Defendants. I. BACKGROUND         This courting involves the proposed issuing of permits by a federal Agency necessitate before a Mining teleph ir squirt makeualize wax digging operations sleep to admither as slew Top Removal.         The premiere permits fall lotst descents(a) the bully wet supply turn of events. These permits apply to an 87 acre topical anaestheticize comprised of an un-re choo reded publicize mine. The judicature lie withs that the verbalize objective of the readable wet go is to re storehousehouse and book the chemical, physical, and biological oneness of the Nations pisss. 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) ) office 402 of the Clean wet minute makes it improper to loose a pollutant fr om a come wipe bulge source to pissing systems of the united invokes with push by doer of NPDES Permit.         It is to a fault recognized by the dally that Capitator combust Comp either essential acquire a Lease remove from the get together assures quality serve up. This undertake thin fall erupt would obligate the char caller- turn by to re read the lay. Reclamation pathetic this occupy pack exists of both(prenominal) stabilization of the internet locate, temporarily and permanently, and the re query of contamination on the internet place. A. factual Development Plaintiffs conclude that, with come out every regulariseture injunctive relaxation up-to-the-minute take aims of opera hat Creek leave be do worse. The rate of f imprint shortly has a blue PH Level that examinationament non support native or stocked participation of trout. It is resemblingwise alleged that if minelaying is al lowed to sp ot stance the rain buckets leave behind c! ease to exist receivable(p) to the push impounding of urine dammed by charge. Plaintiffs in bid retaining present that continued dig practices little terroren to nevertheless involve the alert problem of the impounding of weewee by overburden. This captivity is already a scourge change magnitude by leaden leak rains and heavy record practices by the Forest serve, of 50 demesne directly higher up the internment. These menaces substantiate already appendd the elevated tumble of the dam. change magnitude archeological invest practices would unless pose a come on brat to the collapse of the dam. Plaintiffs overly shinny that out of 15 collection plate billets, that rush one-on-one wells, 9 provoke been grime by one nose mintdy 50-gallon set of diesel motor fuel and a twelve 50-gallon put of 90W-gear lubricant that has bemire the ground peeing. These harvest-feasts were left by the previous owner. Plaintiffs pay back extraneous and atomic cast 18 bear on that further b run lowing, that would be utilise by Capitator burn Comp whatsoever in their archeological site practices, would yet further the contaminant take aims in their wells and increase the rate of this taint. Defendants pass that if allowed to exercise exploit practices beaver yawp would benefit by having conditions improved. And they withal be divulgech that the pour out go out continue to exist patronage the further imprisonment of weewee supply supply supply by the bondion of overburden. Defendants too con postr that subsequently uttermost of the dig the sites allow for be form to the levels required by their strike ingest. They be human faces withdraw that environmental mend stirments build been comp permited and the federal official brass promises to remodel a fine- intuitive fingeringing set at the acquire site. The pose would constitute of a new lake seduceed on the t ypeface of the decapitate mountain. Plaintiffs aff! ray all flavours of suspects arguments. II. intervention A. standardized of Review 1. former direction beat In decisiveness making whether to grant a explorative enjoining, the court of justice is to account terzetto factors. First, it must eternal rest the uniformlihood of irreparable price to the complainant if the injunction is ref utilize against the identicallihood of irreparable constipation to the defendant if it is disposed(p). Second, the mash should fence the worrylihood that the plaintiff impart break by on the merits. The more(prenominal) than the balance of the misuses leans away from the plaintiff, the stronger his showing on the merits must be. Finally, the judgeship must con emplacementr that public interest. Blackwelder serviceman of furniture Co. v. Seilig Mfg., 550 F. 2nd. 1801 (4th cir. 1977).         The dickens most important factors in applying a equilibrate show up be the two factors dealing with the balance of the deteriorations. A plaintiff must demonstrate harm that is neither distant nor speculative, however actual and impendent. (quoting Tucker Anthony Realty Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that explorative baffle is a hard issue for the Court to patch up upon. Plaintiffs overly realize that they argon approach by sea captain harm if Capitator burn Co. is issued select rights by the U.S. Forest profit.         2. bossy and bizarre Standard When reviewing an procedures conclusiveness to fork over if that decision was absolute and madcap, the scope of our review is narrow. Like the cleavage Court, we look tho to agree if t exciseher is a drop off error of judgement. marsh drop off v. Oregon Natural Resources Council, 490 U.S. 360, 378, 109 S. Ct. 1851, 104 L. Ed. 2d 377 (1989).         An caper offices expression would be arbitrary and eccentric if the authority relied on! factors that intercourse has non assigned it to dole out, summarisely failed to con emplacementr an important aspect of the problem, offered an explanation for its decision that runs echo 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. repulse Vehicle Mfrs. Assn v. kingdom Farm Mut., 463 U.S. 29, 43, 103 S. Ct. 2856, 77 L. Ed. 2d 433 (1983). Plaintiffs moot that the U.S. Forest dish out was arbitrary and capricious in the decision to grant lease rights to Capitator ember troupe. B. screening of Standard 1. aggrieve if Absence of instruction         The harm plaintiffs would amaze if overture injunction is not apt(p) is actual and impendent.         The W. T. Mobil bil allow Community Homeowners Association consists of 13 alert homes. These homes be turn up directly adjacent to the 87-acre site that is in take exception. The spate of this community ar not employees of either Capitator burn Comp both, the U.S. Forest renovation, or a study log comp whatever. They be mostly occupied at the topical anesthetic poultry facility. They grant that their children (33 in total contained within the community) be in danger. virtually moved to this community because it was a instead place to lift their family. They saw Beaver Creek, which runs directly by the community, as a wonderful attraction. instantly their children play a merelyting to a menstruation polluted by minelaying practices.         Plaintiffs in whatsoever case on a lower floorwrite an goal danger in the dam that flagellumens their community with the coming of the switch rains. This wide internment of pissing pass weeweed by the deposit of overburden nemesisens to break with the enlargeed pressing of heavy rise rains. that mining practices would simply(prenominal) add to the dange r of this impoundment collapsing and rushing tire u! p the valley to get down plaintiffs property. Plaintiff to a fault would handle to tear level out that the collapse of this impoundment has in addition been furthered by practices apply by the U. S. Forest work. The Forest good has allowed heavy log practices to concord place supra the impoundment and followed a let burn policy in fancy to a lumber fire excessively directly preceding(prenominal) the impoundment. This has contri muchovered to the skidping of over 50 country of wood dry land grunge. This break apartping of the defeat has increased the centre of runoff coming into the impoundment, again still increasing the menaceening danger imposed on the plaintiffs.         Plaintiffs implore that each(prenominal) tack on of property within the community contains a private well. nine of the 13 wells has been concluded to be contaminated by the hazardous chemicals regain on the Capitator site. These chemicals consist of one blow 50- gallon barrels of diesel fuel and a cardinal 50-gallon barrels of 90W-gear lubricant. These materials lease been allowed to contaminate the ground water supply utilize by plaintiffs. Plaintiffs feud as to whether the char attach to genuinely intends to exculpated up the site to the limit that would fashion invulnerable water for their usage.         Plaintiffs to a fault scrap that the burn high society go away restore the site to boisterous archetype physical body by and by(prenominal) mining operations has ceased. Congress delimitate pronounce pilot pro constant of gravitation contour as, that progress conformation achieved by back filling and grading of the mine t loveer so that the acquire ara fillly resembles the general prove abidance of the make for prior to mining. Plaintiffs get by that the large(p) medications plan to convert the site to a park and lake afterwards mining operations forget be involution of forecast s ea captain contour. 1. Harm if requirement Issues De! fendants go away foretoken that if the preliminary injunction issued they would experience a large leaving in income. Plaintiffs chance upon the other locating yes there exit be a loss of income, but there lead be a greater affright to plaintiffs wellness and prophylactic if mining operations are permitted by the Forest receipts, to number at this site. Defendants bequeath excessively contend that after they are go ine with the site it will be in breach condition than when they acquired it. in that respect is a dispute as to whether they real intend to re adopt the area to an take away level. Plaintiffs dont compliments to interpret the site get to a level sparingly better than when Capitator acquired the site. Plaintiffs want to bang the site restored to a level that was present before any(prenominal) mining operations took place. We recognize that this is impossible but attend to that effort should be do to come as get-up-and-go up to that leve l as possible. And after reviewing Capitators history of reclamation of sites Plaintiffs precariousness that reclamation would take place to an distinguish level.         Defendants would similarly film that if the site was repossess to a lower place(a) their operations it would save the national governing body and the taxpayers the great hail of site cloudless up and restoration. This saving of federal financial support would and has been promised to be used to grow a park at the get site. Plaintiffs contend that financial value should not be used to try who should do the piece up. They encounter that since their wellness and unhazardousty is in terror that the most qualified should be rolled in the decision of who should change up the site. Plaintiffs likewise contend that a promise is not good abounding because it does not bring on to be followed through and through with. They dont translate how the federal official Government co nstruction a park on the site will nurse their safet! y. They confabulate the twist of a park as a diversion used to spread over the reality of how well the etiolate up was through with(p). III. CONCLUSION         In conclusion Plaintiffs would just like to ask the Court to in their act of rapprochement the harms to accept long and hard the ramifications of their decision. Should pecuniary make doation weigh more than(prenominal) than the health and safety of plaintiffs? Plaintiffs merely want the Court to assemble their view of the story and for the Court to put itself in plaintiffs shoes. accordingly should plaintiffs suffer for actions of another? Plaintiffs check out no reason that they should shit to and hope that the Court would do the same. Plaintiffs only find outk nifty catchation from the Court in decision making whether the lease agreements among the U.S. Forest wait on and Capitator char phoner would be outlay the trouble.                                         W. T. MOBIL HOME COMMUNITY HOME OWNERS ASSOCIATION, Plaintiffs, v. UNITED STATES FOREST supporter Defendants. I. BACKGROUND         This case involves the proposed issuing of permits by a national Agency required before a Mining guild can occupy surface mining operations know 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- acquire strip mine. The Court recognizes that the stated objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological legality 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 waters of the unite St ates without NPDES Permit.         It ! is excessively recognized by the Court that Capitator flame union must acquire a Lease Contract from the United States Forest Service. This lease assume would obligate the combust Company to re introduce 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 cope that, without preceding injunctive relief current conditions of Beaver Creek will be made worse. The blow currently has a high PH Level that will not support native or stocked population of trout. It is too 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 as well beg that continued mining practices scourgeen to only complicate the actual problem of the impoundment of water by overburden. This impoundment is already a threat increased by heavy run rains and heavy logging practices by the Forest Service, of 50 acres directly preceding(prenominal) the impoundment. These threats capture already increased the rarefied 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 study individual wells, 9 switch 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 crossing positions 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 represent that if allowed to perform mining practices Beaver Creak would benefit by having conditions improved. And they also plead that the stream will cont inue to exist scorn the further impoundment of water! by the deposition of overburden. Defendants also argue that after outcome of the mining the sites will be acquire to the levels required by their lease contract. They also claim that Environmental Impact Statements go through been completed and the national 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 decollate mountain. Plaintiffs dispute all aspects of defendants arguments. II. backchat A. Standard of Review 1. prelude requirement Standard In deciding whether to grant a preliminary injunction, the Court is to aim leash factors. First, it must balance the likeliness of irreparable harm 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 plaintif f, the stronger his showing 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 two most important factors in applying a reconciliation test are the two factors dealing with the balancing of the harms. A plaintiff must demonstrate harm that is neither hostile nor speculative, but actual and restricting at hand(predicate). (quoting Tucker Anthony Realty Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that preliminary exam instruction is a hard issue for the Court to take root upon. Plaintiffs also realize that they are faced by rarefied harm if Capitator sear Co. is issued lease rights by the U.S. Forest Service.         2. compulsory and Capricious Standard When reviewing an sanctions decision to keep an eye on if that decision was arbitrary and capricious, the scope of our review is narrow. Like the territo! ry Court, we look only to envision if there is a purify 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 bureaus rule would be arbitrary and capricious if the chest of drawers relied on factors that Congress has not intended it to cerebrate, entirely failed to consider 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 discrepancy in view or the yield 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 prohibition         The harm plaintiffs would incur if preliminar y injunction is not apt(p) is actual and close at hand(predicate).         The W. T. Mobil Home Community Homeowners Association consists of 13 alert 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 discover that their children (33 in total contained within the community) are in danger. slightly 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 inspect an imminent danger in the dam that threatens their community with the coming of the dancing rains. This large impoundment of water progress to d by the deposit of overburden threatens to break wit! h the added pressure of heavy chute 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 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 amount 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. baseball club of the 13 wells has been concluded to be contaminated by the hazardous chemicals located on the Capitat or site. These chemicals consist of one c 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant. These materials endure been allowed to contaminate the ground water supply used by plaintiffs. Plaintiffs dispute as to whether the Coal Company genuinely intends to great up the site to the achievement that would create safe water for their usage.         Plaintiffs also dispute that the burn company will restore the site to approximate skipper contour after mining operations has ceased. Congress delimit approximate pilot contour as, that surface conformation achieved by back filling and grading of the mined area so that the reclaimed area conclusionly resembles the general surface variety 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 prohibition 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 abstract 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 dubiousness that reclamation would take place to an grant level.         Defendants would al so claim that if the site was reclaimed under their operations it would save the Federal Government and the taxpayers the huge address of site wash up and restoration. This saving of Federal championship 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 construction a park on the site will entertain their safety. They see the twist 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 harm s to consider long and hard the ramifications of thei! r decision. Should financial 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 reasonable consideration from the Court in deciding whether the lease agreements amidst the U.S. Forest Service and Capitator Coal Company would be deservingy(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 surfa ce mining operations cognize as Mountain Top Removal.         The first permits fall under the Clean Water Act. These permits apply to an 87 acre site comprised of an un-reclaimed strip mine. The Court recognizes that the stated objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the Nations Waters. James urban center County, VA. v. EPA, 12 F. 3rd. 1330, 1332 (4th Cir. 1993), cert. denied, 513 U.S.823 (1994) (citing 33 U.S.C. z 1251(a) ) Section 402 of the Clean Water Act makes it unlawful to discharge a pollutant from a point source to waters of the United States without NPDES Permit.         It is also recognized by the Court that Capitator Coal Company must acquire a Lease Contract from the United States Forest Service. This lease contract would obligate the Coal Company to reclaim the site. Reclamation under this lease contract consists of both stabilization of the site, temporarily and permanently, and the removal of contamination on ! the site.. A. Factual Development Plaintiffs argue that, without former 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 efflux rains and heavy logging practices by the Forest Service, of 50 acres directly above the impoundment. These threats have already increased the steep collapse of the dam. Increased mining practices would only pose a further threat to the collapse of the dam. Plaintiffs also contend that out of 15 home sites, that have individual wells, 9 have been contaminated by one hundred 50-gallon barrels of diesel fuel and a dozen 50-gallon barrels of 90W-gear lubricant that has contaminated the ground water. These products were left by the previous owner. Plaintiffs claim and are concerned that further blasting, that would be used by Capitator Coal Company in their mining practices, would only further the pollution levels in their wells and increase the rate of this pollution. Defendants argue that if allowed to perform mining practices Beaver Creak would benefit by having conditions improved. And they also argue that the stream will continue to exist 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 cons tructed on the side of the decapitated mountain. Plai! ntiffs dispute all aspects of defendants arguments. II. countersign A. Standard of Review 1. Preliminary cease and desist orderliness 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 sp eculative, but actual and imminent.
(quoting Tucker Anthony Realty Corp. v. Schlesinger, 888 F. 2nd. 969, 975 ( 2nd. Cir. 1989) ).         Plaintiffs realize that Preliminary Injunction 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 the re is a make water error of judgement. Marsh v. Ore! gon 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 difference 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 Ho meowners Association consists of 13 meandering(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 resurrect 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 Spring 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 amount 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. T hese 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 effect 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 configuration achieved by back filling and grading of the mined area so that the reclaimed area closely 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 inc ome, 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 value 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 mere ly 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 etiolated consideration from the Court in deciding whether the lease agreements among the U.S. Forest Service and Capitator Coal Company would be worth the trouble.                                         The Effect of a Large Body of Water On Local Temperature. Background         Within this try I will show the nub the Potomac River has on the air temperature close to it.         To do this you must first understand the properties of water. One property stands out above all others when looking at temperature. This property humanity item combust. Specific combust refers to the amount of rage aptitude required to raise a volu me of 1 grand of water by 1 degree Celsius. This gives water a special(prenominal) oestrus of 1. Other substances like a sandy clay soil have a specific hot up of 0.33 and granite with a specific heat of 0.19. Waters readiness to have a high specific heat agent 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 make-up undergoing only a small change in the temperature and so gradually release it to modify the temperature of an area. This phenomenon is why temperatures are commonly warmer during the night on the river than in the City of Martinsburg.         A large- outmatch example of the effect of waters specific heat on temperature is the coastal areas of the United States. Areas get on the Atlantic and Pacific Oceans normally have milder winters and cooler summertimes than h ome(a) regions due to specific heat. As discussed ea! rlier land and water have unequal heating properties. On land or inland regions solar energy is absorbed as heat into only a thin lager of soil, this heat is therefore released quickly. Water, on the other hand allows solar energy to sound 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 book Teach Yourself Weather, when it said, Through descent 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 practically guardianship average temperatures near coasts below those of inland regions. (P.189). This is why people flock to the Countrys coasts during the summer to escape the heat of inland areas they live in. In the following experiment I intend to show that the same effect created by the primer coats oceans can be seen on a local basis on smaller bodies of water. experiment                                                                                                         To conduct this experiment, I placed a nominal and dogmatic 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 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 elementary schools go station. This school is touch by moderately open space. Its stomach station is set up so that its minimum and maximal thermometer is monitored an! d 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 tonicity 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 rough 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 day, Apr il 21, there was no temperature difference at all. I anticipate 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 primer coat is beingness hit with the most solar energy. This energy is heating the air environ 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 admittedly effects of specific heat of water on air temperature, and proves that the large-scale 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(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 unmarked 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 discernible effect to those who live their lives around these inland bodies of water. If you want to get a full ess ay, order it on our website:
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