Coeur Alaska, Inc. v. Southeast Alaska Conservation Council

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.