Article: Supreme Court Decision Alert - June 22, 2009.(Coeur Alaska Inc. v. Southeast Alaska Conservation Council)(Case overview)

Originally published June 22, 2009

Keywords: Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, Clean Water Act, CWA, Environmental Protection Agency, EPA, pollutant, fill material

Today the Supreme Court issued a decision, described below, of interest to the business community.

Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, Nos. 07-984 and 07-990

Section 402 of the Clean Water Act ("CWA") grants the Environmental Protection Agency ("EPA") the authority to "issue a permit for the discharge of any pollutant" "[e]xcept as provided in [Section 404]." 33 U.S.C. s. 1342(a). Section 404 of the CWA grants the U.S. ...

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