Coeur Alaska, Inc. v. Southeast Alaska Conservation Council
| Coeur Alaska, Inc. v. Southeast Alaska Conservation Council | |
|---|---|
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| Argued January 12, 2009 Decided June 22, 2009 |
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| Full case name | Coeur Alaska, Inc., Petitioner v. Southeast Alaska Conservation Council, et al. |
| Docket nos. | 07-984 |
| Citations | 557 U.S. 261 (more) |
| 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 | |
| Case opinions | |
| Majority | Kennedy, joined by Roberts, Thomas, 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 (SEACC), 557 U.S. 261 (2009), is a United States Supreme Court case that was decided in favor of Coeur Alaska's permit 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 filed by three environmental non-governmental organizations and brought before the United States District Court for the District of Alaska who found in favor of Coeur Alaska. The District Court's decision was overturned by the U.S. 9th Circuit Court of Appeals before being brought before the Supreme Court, who also found in favor of Coeur Alaska.
The ruling was praised by the National Mining Association for the economic benefit it provided. Environmental groups criticised the decision for the impact it would have on Lower Slate Lake, and the opportunity for its use as a precedent in the future. In March 2009 proposed legislation, the Clean Water Protection Act, was introduced in Congress to remove mining waste from the definition of "fill material."
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