Constitutional Law

Justices Consider Permit Allowing Mining Waste To Be Dumped Into Waterways

The U.S. Supreme Court heard oral argument in a case involving an Alaska gold mine that is seeking to dump waste into a nearby lake. The case, Coeur Alaska Inc. v. Southwest Alaska Conservation Council, deals with whether a permit issued by the U.S. Army Corps of Engineers to dump mining waste, called tailings, into Lower Slate Lake violates the Clean Water Act. If the mining company wins, it could mean that the Clean Water Act cannot prevent similar waste from being dumped in waterways nationwide. The environmental group, EarthJustice, argued against the permit before the high court today. Tom Waldo, the group’s attorney who argued before the Court, said in a press statement that, “The whole reason Congress passed the Clean Water Act was to stop turning our lakes and rivers into waste dumps. The Bush administration selected the Kensington Mine to test the limits of the Clean Water Act. The Army Corps had never issued a permit like this before.”

The mine’s owner told The Associated Press, that much of the tailings are recycled back into mine operations. ScotusWiki provides links to Court filings and to today’s oral argument transcripts.   

Full post as published by ACS Blog on January 12, 2009 (boomark / email).