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Clean Water Act

The first Earth Day, 39 years ago today, was a godsend for a country mired in war and riven by racial, political and cultural issues. Arriving suddenly—as a gift whose time had come—it offered folks something to unite around: the idea of an entire planet, our home, in peril.

On February 17, Earthjustice called on Congress to introduce and pass legislation that would fix a glaring loophole punched in the Clean Water Act during the Bush years. The Supreme Court, with Bush administration backing, held that only "navigable" waterways could enjoy protections of this law.

Earthjustice press secretary Raviya Ismail was at today’s (Jan. 12) U.S. Supreme Court hearing on whether the Clean Water Act allows Coeur Alaska’s Kensington Mine to fill Lower Slate Lake in Alaska with mining waste – killing all aquatic life. Earthjustice attorney Tom Waldo argued to protect the lake. The high court decision, expected by June, could determine whether waterways throughout the nation may be likewise filled and killed. Here is Raviya’s report:

Maybe it's a good thing that Bush has kept Earthjustice so busy these last eight years, fending off unrelenting assaults on the environment. The experience is proving invaluable as we face, in these final weeks of the administration, a frantic effort to roll back some of the nation's most significant protections. We also are encountering a barrage of last-minute attempts to convert America's wild, public treasures into private, commercial commodities.

At the very end of the current term of the Supreme Court, the justices announced that they will review a Ninth Circuit decision that forbids Coeur Alaska, a mining company, from dumping mine tailings into Lower Slate Lake north of Juneau, Alaska.

This is not the best news of the week.

The company admits that the tailings will essentially kill all life in the lake but that restoration can be undertaken later. The Army Corps of Engineers, which issued permits for the mine, agreed with Coeur.

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unEARTHED is a forum for the voices and stories of the people behind Earthjustice's work. The views and opinions expressed in this blog do not necessarily represent the opinion or position of Earthjustice or its board, clients, or funders. Learn more about Earthjustice.