Coeur Alaska, Inc. v. Southeast Alaska Conservation Council — Breyer, J., Concurring

Summary

Justice Breyer concurs in the judgment, explaining that the EPA's classification of mine tailings as fill under § 404 is reasonable within a statutory zone, supported by safeguards such as EPA veto power and judicial review. He states this view aligns with the majority opinion and joins it. The dissent argues such classification circumvents statutory pollution standards, and another concurrence questions the methodology of deference.