Also during cross-examination, mining engineer John Morgan stuck to his views that the Hobet mining permit application did not contain enough data about the mine's potential effects on the water system of Pigeonroost Hollow.
Haden stopped Hobet lawyer Bob McLusky in the middle of a long series of questions about specific water discharge point changes in a revised permit for the mine.
"What's the point as far as whether an injunction should issue?" Haden said. "I don't want to try the case now."
McLusky responded, "We'll have people testifying that these are inconsequential changes in the permit that have no effect on the environment."
Haden also refused to allow Joe Lovett, a lawyer for the environmentalists, to ask Stout about a state Division of Environmental Protection study that counted the amount of state streams buried by valley fills.
DEP lawyer Russ Hunter objected that the study, released by the DEP Office of Mining and Reclamation, was not complete.
"The method that has gone into this has made it really not an accurate document," Hunter said.
Instead, Lovett asked Stout what he thought the impact of filling in 800 miles of streams - as some figures suggest valley fills have done - would be on the state water system.
"I think that would be totally devastating to the aquatic communities downstream," Stout said.
Haden was scheduled to continue the hearing this morning.