Coeur Alaska, Inc. v. Southeast Alaska Conservation Council
Encyclopedia
Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, 07-984
(2009), is a United States Supreme Court
case that was decided in favor of Coeur Alaska
's permitted right 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 brought by environmental groups citing the Clean Water Act
, who wanted the dumping blocked and required a determination of which rules applied and which agencies had jurisdiction.
of Coeur d'Alene Mines
, successfully applied for a tailings disposal permit permit from the USACE. The permit allowed Coeur Alaska to dispose of 4.5 million tons of tailings from the Kensington gold mine (inactive since 1928), 45 mi (72.4 km) north of Juneau
into Lower Slate Lake. The lake is 3 mi (4.8 km) away from the mine, within the Tongass National Forest
.
The discharge of material into waters of the United States
is regulated under the Clean Water Act by either the USACE or the Environmental Protection Agency
(EPA), depending on what the material is. Discharge of "fill material" falls under the jurisdiction of the USACE; discharge of other pollutants falls under the jurisdiction of the EPA. In 2005 Coeur was granted their permit to dispose of their tailings into Lower Slate Lake by the USACE under section 404 of the Clean Water Act on the basis of a definition of "fill material" which had been revised in 2002 under the administration of George W. Bush
. This new definition allowed some contaminants to be included in mine waste, while still allowing the mine waste to be classified as fill. The permit allowed for dumping 4.5 million tons of a combination of waste rock and tailings of ten years, which would result in the floor elevation of Lower Slate Lake to rise by 50 ft (15.2 m).
Following the Army Corps' permitting of the tailings disposal, the Southeast Alaska Conservation Club, the Sierra Club
, and Lynn Canal Conservation Inc. filed suit. The suit claimed that the permit was issued in violation of sections 301(a), 301(e), and 306(e) of the Clean Water Act. The United States District Court for the District of Alaska
found that the USACE was correct in its application of section 404 of the act, because the permit was for "fill material", and therefore not covered under or in violation of sections 301(e) and 306(e).
In May 2007 the District Court's 2006 decision was overturned by the U.S. 9th Circuit Court of Appeals
. The Circuit Court found in favor of the non-governmental organizations, ruling that the discharge was not permitted under the EPA's New Source Performance Standard
.
Ruth Bader Ginsburg
stated that currently discharging pollutants into a lake is permitted provided there is enough material to raise the lake's floor elevation, thereby turning it into a waste disposal site. Ginsburg voiced concern about the potential for pollution regulation to not apply to several industries (mining included) on the basis of this loophole.
, which stated that it would "provide employment and greater economic certainty for all those involved in the project". Alaska
Governor Sarah Palin
also welcomed the ruling, calling it a "green light for responsible resource development". The environmental groups that originally filed suit against Coeur Alaska were unhappy with the decision. Environmental groups stated that the proposed material includes aluminum, lead
, and mercury
(among other metals), and that discharging into Lower Slate Lake will have a detrimental effect on the lake and surrounding waters. Following the court's decision share prices of Coeur d'Alene Mines
rose over 5%.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2009), is a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case that was decided in favor of Coeur Alaska
Coeur d'Alene Mines
Coeur d'Alene Mines is a $1.5 billion NYSE-traded corporation that operates silver and gold mining operations on four continents. Coeur d'Alene Mines owns Coeur Alaska Inc. which operates the Kensington mine near Juneau, Alaska.- External links :...
's permitted right to dump mine
Mining
Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...
waste in a lake. The case addressed tailings
Tailings
Tailings, also called mine dumps, slimes, tails, leach residue, or slickens, are the materials left over after the process of separating the valuable fraction from the uneconomic fraction of an ore...
from the Kensington mine
Kensington mine
Kensington mine is a gold mine located north of Juneau, Alaska. The mine is owned by Coeur Alaska Inc., a subsidiary company of Coeur d'Alene Mines....
, an underground mine located in Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
. The gold mine
Gold mining
Gold mining is the removal of gold from the ground. There are several techniques and processes by which gold may be extracted from the earth.-History:...
had not operated since 1928, and Coeur Alaska obtained a permit in 2005 from the United States Army Corps of Engineers
United States Army Corps of Engineers
The United States Army Corps of Engineers is a federal agency and a major Army command made up of some 38,000 civilian and military personnel, making it the world's largest public engineering, design and construction management agency...
(USACE) to dispose of up to 4.5 million tons of tailings in Lower Slate Lake
Lower Slate Lake
Lower Slate Lake is a lake in the State of Alaska in the Tongass National Forest. It is designated as the disposal site for the tailings from Coeur Alaska's Kensington mine....
, which is located in a National Forest
United States National Forest
National Forest is a classification of federal lands in the United States.National Forests are largely forest and woodland areas owned by the federal government and managed by the United States Forest Service, part of the United States Department of Agriculture. Land management of these areas...
. The suit was brought by environmental groups citing the Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
, who wanted the dumping blocked and required a determination of which rules applied and which agencies had jurisdiction.
Background
In 2005 Coeur Alaska Inc., a subsidiarySubsidiary
A subsidiary company, subsidiary, or daughter company is a company that is completely or partly owned and wholly controlled by another company that owns more than half of the subsidiary's stock. The subsidiary can be a company, corporation, or limited liability company. In some cases it is a...
of Coeur d'Alene Mines
Coeur d'Alene Mines
Coeur d'Alene Mines is a $1.5 billion NYSE-traded corporation that operates silver and gold mining operations on four continents. Coeur d'Alene Mines owns Coeur Alaska Inc. which operates the Kensington mine near Juneau, Alaska.- External links :...
, successfully applied for a tailings disposal permit permit from the USACE. The permit allowed Coeur Alaska to dispose of 4.5 million tons of tailings from the Kensington gold mine (inactive since 1928), 45 mi (72.4 km) north of Juneau
Juneau, Alaska
The City and Borough of Juneau is a unified municipality located on the Gastineau Channel in the panhandle of the U.S. state of Alaska. It has been the capital of Alaska since 1906, when the government of the then-District of Alaska was moved from Sitka as dictated by the U.S. Congress in 1900...
into Lower Slate Lake. The lake is 3 mi (4.8 km) away from the mine, within the Tongass National Forest
Tongass National Forest
The Tongass National Forest in southeastern Alaska is the largest national forest in the United States at 17 million acres . Most of its area is part of the temperate rain forest WWF ecoregion, itself part of the larger Pacific temperate rain forest WWF ecoregion, and is remote enough to be home...
.
The discharge of material into waters of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
is regulated under the Clean Water Act by either the USACE or the Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
(EPA), depending on what the material is. Discharge of "fill material" falls under the jurisdiction of the USACE; discharge of other pollutants falls under the jurisdiction of the EPA. In 2005 Coeur was granted their permit to dispose of their tailings into Lower Slate Lake by the USACE under section 404 of the Clean Water Act on the basis of a definition of "fill material" which had been revised in 2002 under the administration of George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
. This new definition allowed some contaminants to be included in mine waste, while still allowing the mine waste to be classified as fill. The permit allowed for dumping 4.5 million tons of a combination of waste rock and tailings of ten years, which would result in the floor elevation of Lower Slate Lake to rise by 50 ft (15.2 m).
Following the Army Corps' permitting of the tailings disposal, the Southeast Alaska Conservation Club, the Sierra Club
Sierra Club
The Sierra Club is the oldest, largest, and most influential grassroots environmental organization in the United States. It was founded on May 28, 1892, in San Francisco, California, by the conservationist and preservationist John Muir, who became its first president...
, and Lynn Canal Conservation Inc. filed suit. The suit claimed that the permit was issued in violation of sections 301(a), 301(e), and 306(e) of the Clean Water Act. The United States District Court for the District of Alaska
United States District Court for the District of Alaska
The United States District Court for the District of Alaska is the Federal district court whose jurisdiction is the state of Alaska. Offices are located in Anchorage, Fairbanks, Juneau, Ketchikan, and Nome...
found that the USACE was correct in its application of section 404 of the act, because the permit was for "fill material", and therefore not covered under or in violation of sections 301(e) and 306(e).
In May 2007 the District Court's 2006 decision was overturned by the U.S. 9th Circuit Court of Appeals
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. The Circuit Court found in favor of the non-governmental organizations, ruling that the discharge was not permitted under the EPA's New Source Performance Standard
New Source Performance Standard
New Source Performance Standards are pollution control standards issued by the United States Environmental Protection Agency . The term is used in the Clean Air Act Extension of 1970 to refer to air pollution emission standards, and in the Clean Water Act referring to standards for discharges...
.
Opinion of the Court
The Supreme Court found in favor of Coeur Alaska by a vote of 6-3, agreeing that the USACE is indeed the appropriate body for the permitting of mine waste discharge into Lower Slate Lake. In her dissent, JusticeAssociate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
stated that currently discharging pollutants into a lake is permitted provided there is enough material to raise the lake's floor elevation, thereby turning it into a waste disposal site. Ginsburg voiced concern about the potential for pollution regulation to not apply to several industries (mining included) on the basis of this loophole.
Subsequent developments
The decision was praised by the National Mining AssociationNational Mining Association
The National Mining Association , is a trade organization that lists itself as the voice of the mining industry in Washington, D.C. NMA was formed in 1995, and has more than 325 corporate members.-History:...
, which stated that it would "provide employment and greater economic certainty for all those involved in the project". Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
Governor Sarah Palin
Sarah Palin
Sarah Louise Palin is an American politician, commentator and author. As the Republican Party nominee for Vice President in the 2008 presidential election, she was the first Alaskan on the national ticket of a major party and first Republican woman nominated for the vice-presidency.She was...
also welcomed the ruling, calling it a "green light for responsible resource development". The environmental groups that originally filed suit against Coeur Alaska were unhappy with the decision. Environmental groups stated that the proposed material includes aluminum, lead
Lead
Lead is a main-group element in the carbon group with the symbol Pb and atomic number 82. Lead is a soft, malleable poor metal. It is also counted as one of the heavy metals. Metallic lead has a bluish-white color after being freshly cut, but it soon tarnishes to a dull grayish color when exposed...
, and mercury
Mercury (element)
Mercury is a chemical element with the symbol Hg and atomic number 80. It is also known as quicksilver or hydrargyrum...
(among other metals), and that discharging into Lower Slate Lake will have a detrimental effect on the lake and surrounding waters. Following the court's decision share prices of Coeur d'Alene Mines
Coeur d'Alene Mines
Coeur d'Alene Mines is a $1.5 billion NYSE-traded corporation that operates silver and gold mining operations on four continents. Coeur d'Alene Mines owns Coeur Alaska Inc. which operates the Kensington mine near Juneau, Alaska.- External links :...
rose over 5%.