Saturday, June 28, 2008
Coeur Alaska Inc. v. Southeast Alaska Conservation, No. 07-984, consolidated with Alaska v. Southeast Alaska Conservation, No. 07-990. Are process wastewater discharges from mining operations governed by the drege-and-fill permit scheme operated by the Army Corps of Engineers under Section 404 of the Clean Water Act or are they covered by effluent limitations under the National Pollutant Discharge Elimination System, which are within the Environmental Protection Agency's jurisdiction?