Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, No. 07-984

In an action against the Army Corps of Engineers challenging the Corps' grant of a permit to a mining company to discharge waste materials, summary judgment for Defendant is affirmed where the Corps, not the EPA, had the authority to permit the discharge, and the Corps' interpretation of Clean Water Act regulations was entitled to deference.

Read Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, No. 07-984.

Appellate Information

Certiorari to the United States Court of Appeals for the Ninth Circuit.
Argued January 12, 2009'
Decided June 22, 2009

Judges

Justice Kennedy delivered the opinion of the Court.
Justice Breyer, concurring.
Justice Scalia, concurring in part and concurring in the judgment.
Justice Ginsburg, with whom Justice Stevens and Justice Souter join, dissenting.

Counsel

For Petitioner: Jonathan S. Franklin, Fulbright & Jaworski L.L.P.., Washington, DC. Theodore B. Olson, Gibson Dunn & Crutcher LLP, Washington, DC

For Respondent: Elena Kagan, United States Dept. of Justice, Washington, DC. David C. Crosby, David C. Crosby, P.C., Juneau, AK. Thomas S. Waldo, Earthjustice, Juneau, AK