Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, et al. and Alaska v. Southeast Alaska Conservation Council, et al.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-984 | 9th Cir. | Jan 12, 2009 | Jun 22, 2009 | 6-3 | Kennedy | OT 2008 |
Issue: Whether the U.S. Army Corps of Engineers may not issue a permit for discharge of fill material otherwise subject to effluent limitations under Sections 301 or 306 of the Clean Water Act.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Anthony Kennedy on June 22, 2009.
Briefs and Documents
Merit briefs
- Brief for Petitioner Coeur Alaska (in 07-984 only)
- Brief for Petitioner State of Alaska (in 07-990 only)
- Brief for Federal Respondents Supporting Petitioner
- Brief for Respondent Goldbelt, Inc., Supporting Petitioner
- Brief for Respondents Southeast Alaska Conservation Council, Sierra Club, and Lynn Canal Conservation
- Reply Brief for Petitioner Coeur Alaska (in 07-984 only)
- Reply Brief for Petitioner State of Alaska (in 07-990 only)
- Reply Brief for Federal Respondents Supporting Petitioner
- Reply Brief for Respondent Goldbelt, Inc., Supporting Petitioner
Amicus briefs
- Brief for the Mountain States Legal Foundation in Support of Petitioner Coeur Alaska (in 07-984 only)
- Brief for the Pacific Legal Foundation, the Alaska Miners Association, and the Alaska Forest Association in Support of Petitioner
- Brief for the National Association of Home Builders in Support of Petitioner
- Brief for the Council of Alaska Producers in Support of Petitioner
- Brief for the National Mining Association, et al., in Support of Petitioner
- Brief for the Resource Development Council for Alaska, Inc., in Support of Petitioner
- Brief for the Nondalton Tribal Council, the New Stuyahok Traditional Council, the Koliganek Village Council, the Ekwok Tribal Council, the Curyung Tribal Council, Nunamta Aulukestai, Naknek Family Fisheries, the Alaska Independent Fishermen’s Marketing Association, the Bristol Bay Driftnetters’ Association, and the Renewable Resources Coalition in Support of Respondent
- Brief for Congress Members in Support of Respondent
- Brief for the American Rivers, the National Wildlife Federation, the Natural Resources Defense Council, Earthworks, and Waterkeeper Alliance in Support of Respondent
- Brief for the Honorable G. Tracy Mehan, III, Former Assistant Administrator for Water at the U.S. Environmental Protection Agency in Support of Respondent
- Brief for David M. Chambers, Catherine Coumons, and Carol Ann Woody in Support of Respondent
Certiorari-Stage Documents
- Opinion below (9th Circuit)
- Petition for certiorari (Coeur)
- Petition for certiorari (Alaska)
- Brief of Respondent Goldbelt, Inc. in support
- Brief of Federal Respondents in opposition
- Brief of Respondent Southeast Alaska Conservation Council, et al. in opposition
- Petitioner’s reply (Couer)
- Petitioner’s reply (Alaska)
Merit briefs
- Brief for Petitioner Coeur Alaska (in 07-984 only)
- Brief for Petitioner State of Alaska (in 07-990 only)
- Brief for Federal Respondents Supporting Petitioner
- Brief for Respondent Goldbelt, Inc., Supporting Petitioner
- Brief for Respondents Southeast Alaska Conservation Council, Sierra Club, and Lynn Canal Conservation
- Reply Brief for Petitioner Coeur Alaska (in 07-984 only)
- Reply Brief for Petitioner State of Alaska (in 07-990 only)
- Reply Brief for Federal Respondents Supporting Petitioner
- Reply Brief for Respondent Goldbelt, Inc., Supporting Petitioner
Amicus briefs
- Brief for the Mountain States Legal Foundation in Support of Petitioner Coeur Alaska (in 07-984 only)
- Brief for the Pacific Legal Foundation, the Alaska Miners Association, and the Alaska Forest Association in Support of Petitioner
- Brief for the National Association of Home Builders in Support of Petitioner
- Brief for the Council of Alaska Producers in Support of Petitioner
- Brief for the National Mining Association, et al., in Support of Petitioner
- Brief for the Resource Development Council for Alaska, Inc., in Support of Petitioner
- Brief for the Nondalton Tribal Council, the New Stuyahok Traditional Council, the Koliganek Village Council, the Ekwok Tribal Council, the Curyung Tribal Council, Nunamta Aulukestai, Naknek Family Fisheries, the Alaska Independent Fishermen’s Marketing Association, the Bristol Bay Driftnetters’ Association, and the Renewable Resources Coalition in Support of Respondent
- Brief for Congress Members in Support of Respondent
- Brief for the American Rivers, the National Wildlife Federation, the Natural Resources Defense Council, Earthworks, and Waterkeeper Alliance in Support of Respondent
- Brief for the Honorable G. Tracy Mehan, III, Former Assistant Administrator for Water at the U.S. Environmental Protection Agency in Support of Respondent
- Brief for David M. Chambers, Catherine Coumons, and Carol Ann Woody in Support of Respondent
Certiorari-Stage Documents
- Opinion below (9th Circuit)
- Petition for certiorari (Coeur)
- Petition for certiorari (Alaska)
- Brief of Respondent Goldbelt, Inc. in support
- Brief of Federal Respondents in opposition
- Brief of Respondent Southeast Alaska Conservation Council, et al. in opposition
- Petitioner’s reply (Couer)
- Petitioner’s reply (Alaska)