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COEUR ALASKA, INC. v. SOUTHEAST ALASKA CONSERVATION

Nos. 07-984, 07-990.

129 S.Ct. 2458 (2009)

557 U.S. 261

174 L.Ed.2d 193

COEUR ALASKA, INC., Petitioner, v. SOUTHEAST ALASKA CONSERVATION COUNCIL et al. Alaska, Petitioner, v. Southeast Alaska Conservation Council, et al.

Supreme Court of United States.

Decided June 22, 2009.

Attorney(s) appearing for the Case

Gregory G. Garre, Solicitor General, Washington, DC, for federal respondents supporting the petitioners.

Theodore B. Olson, Washington, DC, for petitioners.

Thomas S. Waldo, Juneau, AK, for respondents.

Robert A. Maynard, Perkins Coie LLP, Boise, ID, Theodore B. Olson, Counsel of Record, Matthew D. McGill, Gibson, Dunn & Crutcher LLP, Washington, for petitioner Coeur Alaska, Inc.

Scott L. Nelson, Public Citizen Litigation Group, Washington, DC, Thomas S. Waldo, Counsel of Record, Earthjustice, Juneau, AK, for Respondents Southeast Alaska Conservation Council, Sierra Club, and Lynn Canal Conservation.

Talis J. Colberg, Attorney General, Richard Svobodny, Acting Attorney General, Cameron M. Leonard, Assistant Attorney General, State of Alaska, Department of Law, Juneau, AK, Jonathan S. Franklin, Counsel of Record, Tillman J. Breckenridge, Fulbright & Jaworski L.L.P., Washington, D.C., for Petitioner State of Alaska.

David C. Crosby, Counsel of Record, Juneau, AK, for Respondent Goldbelt, Inc. in Support of Petitioners.

Elena Kagan, Gregory G. Garre, Solicitor General, Counsel of Record, Department of Justice, Washington, D.C., for Federal Respondents Supporting Petitioners.

These cases require us to address two questions under the Clean Water Act (CWA or Act). The first is whether the Act gives authority to the United States Army Corps of Engineers, or instead to the Environmental Protection Agency (EPA), to issue a permit...

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