Reserve Mining Company v. EPA

514 F.2d 492 (1975)

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Nature of the Case

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Facts

In 1947, D received a permit from the State of Minnesota to discharge the wastes (called 'tailings') from its processing operations into the lake. The caveat was that tailings shall not be discharged * * * so as to result in any material adverse effects on fish life of public water supplies or in any other material unlawful pollution of the waters of the lake * * *. The tailings enter Lake Superior as a slurry of approximately 1.5 percent solids. The bulk of the suspended particles fall to the lake bottom. In this manner, approximately 67,000 tons of tailings are discharged daily. Ps filed a complaint alleging that D's discharge of tailings into Lake Superior violated § 407 of the Rivers and Harbors Act of 1899 and the Federal Water Pollution Control Act (FWPCA) and the federal common law of public nuisance. Ps maintain that the taconite ore contained an asbestiform variety of the amphibole mineral cummingtonite-grunerite and that the processing of the ore resulted in the discharge into the air and water of mineral fibers substantially identical and in some instances identical to amosite asbestos. Inhalation of asbestos at occupational levels of exposure is associated with an increased incidence of various forms of cancer. Both parties vigorously disputed the nature of the discharge and any harm it may cause. Evidence was extensive and complex during 139 days of trial. The trial court heard more than 100 witnesses and received over 1,600 exhibits. The parties presented extensive expert scientific and medical testimony, and the court itself appointed certain expert witnesses, who assumed the task of assisting the court in the evaluation of scientific testimony and supervising court-sponsored studies to measure the levels of asbestos fibers in the air near Silver Bay, in Lake Superior water, and the tissues of deceased Duluth residents. No fibers were found, but P posited that the study was not big enough. Animal studies were presented. All that was proven was that rats who ingested the fibers were clean while those injected with them were contaminated. Studies were presented to show that workers exposed to asbestos had higher incidents of cancer. In the end, the court ruled against D finding violations of the FWPCA as well as many state laws. D was ordered to terminate all discharges. D appealed, and the Eighth Circuit stayed the injunction.