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ARTICLE · 26 JUNE 2009

Supreme Court Decision Alert - June 22, 2009

Mayer Brown
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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. § 1342(a).

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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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. § 1342(a).  Section 404 of the CWA grants the U.S. Army Corps of Engineers ("the Corps") the authority to "issue permits . . . for the discharge of dredged or fill material."  Id. § 1344(a).  In a 6-3 decision issued today, the Supreme Court held that the authority to issue a permit for the discharge of fill material rests exclusively with the Corps, and that performance standards

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