Supreme Court of the United States
Coeur Alaska, Inc. v. Southeast Alaska Conservation Council
June 22, 2009557 U.S. 261
Summary
The Court held that the Army Corps of Engineers, not the EPA, has authority to permit the discharge of mining slurry into a lake because it qualifies as "fill material" under § 404 of the Clean Water Act. The Court further held that the EPA's new source performance standard does not apply to such discharges, so the Corps permit was lawful. Justice Ginsburg, dissenting, argued the performance standard prohibits the discharge.
Holding
- Whether the Corps or EPA has authority to permit the discharge of slurry into navigable waters. The Corps has authority under § 404 because the slurry is defined as fill material.
- Whether EPA's new source performance standard applies to discharges of fill material regulated under § 404. EPA's new source performance standard does not apply to discharges of fill material permitted under § 404.
Docket 07-984