Coeur Alaska, Inc. v. Southeast Alaska Conservation Council

Coeur Alaska, Inc. v. Southeast Alaska Conservation Council
Supreme Court of the United States
Argued January 12, 2009 Decided June 22, 2009
Full case name	Coeur Alaska, Inc., Petitioner v. Southeast Alaska Conservation Council, et al.
Docket nos.	07-984
Prior history	summary judgment for appellant CV-05-00012-J-JK (D. Alaska, 2005); vacated 486 F.3d 638 (9th Cir., 2006); reversed and remanded US
Holding
The Army Corps of Engineers was the appropriate agency to permit the disposal of mine waste material into Lower Slate Lake.
Court membership
Chief Justice John G. Roberts Associate Justices John P. Stevens · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito
Case opinions
Majority	Kennedy, joined by Roberts, T homas, Breyer, Alito, Scalia (in part)
Concurrence	Scalia, joined by Breyer (in part)
Dissent	Ginsburg, joined by Stevens, Souter
Laws applied
Clean Water Act

Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, 07-984 (2009), is a United States Supreme Court case that was decided in favor of Coeur Alaska's permitted right to dump mine waste in a lake. The case addressed tailings from the Kensington mine, an underground mine located in Alaska. The gold mine had not operated since 1928, and Coeur Alaska obtained a permit in 2005 from the United States Army Corps of Engineers (USACE) to dispose of up to 4.5 million tons of tailings in Lower Slate Lake, which is located in a National Forest. The suit was brought by environmental groups citing the Clean Water Act, who wanted the dumping blocked and required a determination of which rules applied and which agencies had jurisdiction.

Background

In 2005 Coeur Alaska Inc., a subsidiary of Coeur d'Alene Mines, successfully applied for a tailings disposal permit permit from the USACE. The permit allowed Coeur Alaska to dispose of 4.5 million tons of tailings from the Kensington gold mine (inactive since 1928), 45 mi (72 km) north of Juneau into Lower Slate Lake. The lake is 3 mi (4.8 km) away from the mine, within the Tongass National Forest.^[1][2][3]

The discharge of material into waters of the United States is regulated under the Clean Water Act by either the USACE or the Environmental Protection Agency (EPA), depending on what the material is. Discharge of "fill material" falls under the jurisdiction of the USACE; discharge of other pollutants falls under the jurisdiction of the EPA.^[4] In 2005 Coeur was granted their permit to dispose of their tailings into Lower Slate Lake by the USACE under section 404 of the Clean Water Act on the basis of a definition of "fill material" which had been revised in 2002 under the administration of George W. Bush. This new definition allowed some contaminants to be included in mine waste, while still allowing the mine waste to be classified as fill.^[1] The permit allowed for dumping 4.5 million tons of a combination of waste rock and tailings of ten years, which would result in the floor elevation of Lower Slate Lake to rise by 50 ft (15 m).^[2]

Following the Army Corps' permitting of the tailings disposal, the Southeast Alaska Conservation Club, the Sierra Club, and Lynn Canal Conservation Inc. filed suit. The suit claimed that the permit was issued in violation of sections 301(a), 301(e), and 306(e) of the Clean Water Act. The United States District Court for the District of Alaska found that the USACE was correct in its application of section 404 of the act, because the permit was for "fill material", and therefore not covered under or in violation of sections 301(e) and 306(e).

In May 2007 the District Court's 2006 decision was overturned by the U.S. 9th Circuit Court of Appeals. The Circuit Court found in favor of the non-governmental organizations, ruling that the discharge was not permitted under the EPA's New Source Performance Standard.^[4]

Opinion of the Court

The Supreme Court found in favor of Coeur Alaska by a vote of 6-3, agreeing that the USACE is indeed the appropriate body for the permitting of mine waste discharge into Lower Slate Lake. In her dissent, Justice Ruth Bader Ginsburg stated that currently discharging pollutants into a lake is permitted provided there is enough material to raise the lake's floor elevation, thereby turning it into a waste disposal site. Ginsburg voiced concern about the potential for pollution regulation to not apply to several industries (mining included) on the basis of this loophole.^[4]

Subsequent developments

The decision was praised by the National Mining Association, which stated that it would "provide employment and greater economic certainty for all those involved in the project".^[4] Alaska Governor Sarah Palin also welcomed the ruling, calling it a "green light for responsible resource development". The environmental groups that originally filed suit against Coeur Alaska were unhappy with the decision. Environmental groups stated that the proposed material includes aluminum, lead, and mercury (among other metals), and that discharging into Lower Slate Lake will have a detrimental effect on the lake and surrounding waters.^[5] Following the court's decision share prices of Coeur d'Alene Mines rose over 5%.^[2]

See also

• List of United States Supreme Court cases, volume 557
• List of United States Supreme Court cases

References

1. ^ ^{a b} Hebert, H. Josef (23 May 2009). "Court OKs dumping gold mine waste in lake". The Seattle Times (Associated Press). http://seattletimes.nwsource.com/html/localnews/2009368908_apussupremecourtgoldmine3rdldwritethru.html. Retrieved 2009-06-24. 
2. ^ ^{a b c} Vicini, James (June 22, 2009). "Miner Coeur gets OK to dump waste into Alaska lake". Reuters. http://www.reuters.com/article/GCA-BusinessofGreen/idUSTRE55L3DP20090622. Retrieved 2009-06-25. 
3. ^ McKay, David L (2002). Why Mining?. Victoria, British Columbia: Trafford. pp. 283. ISBN 1-55369-688-3. http://books.google.com/books?id=DQ0KaiBK__AC&pg=PA283&dq=coeur+alaska+subsidiary#v=onepage&q=coeur%20alaska%20subsidiary&f=false. 
4. ^ ^{a b c d} Koons, Jennifer (June 22, 2009). "Supreme Court Backs Army Corps, Mining Company in Alaska Water Case". The New York Times. http://www.nytimes.com/gwire/2009/06/22/22greenwire-supreme-court-backs-army-corps-mining-company-62747.html. Retrieved 2009-06-24. 
5. ^ "Court OKs dumping gold mine waste in lake". The Guardian (AP). http://www.guardian.co.uk/world/feedarticle/8571805. Retrieved 3 September 2011.