On most environmental matters, the Obama administration scores high marks from us, especially for revitalizing the role of science and respect for the law in the agency's decisions. The shift in ethos from eight years of ruinous Bush policies occurred almost immediately after Obama took office. We have seen dramatic positive changes in how some federal agencies deal with the key issues of climate change and clean energy, roadless protections, clean air, and hazardous waste regulations.

But, until last week, Obama's actions on mountaintop removal mining largely tracked the course set by Bush. As we previously noted  in April we hoped that the EPA was going to put the brakes on 48 mountaintop removal permits. We were taken aback in May when the agency instead let 42 of the permits go ahead without further scrutiny. This was a disheartening setback.

Photo: Pat Costello, courtesy of Lighthawk

Last Friday, the Army Corps of Engineers quietly gave Kensington gold mine permission to kill an Alaskan lake with mine tailings. It's disappointing for those of us who've been fighting for years to keep this lake—and the Clean Water Act—from being trashed.

Technically, the Corps had every right to grant the permit. So spoke the U.S. Supreme Court earlier this year in a narrow ruling that said a Bush-era twist of the Clean Water Act allowed a slurry of toxic, chemically-processed mine tailings to be defined as "fill." Fill, such as rock, has long been legal to place in our waterways under permits issued by the Corps.

Earthjustice, which argued against the permit in court, was disappointed by the ruling, but had good reason to believe the dumping would not be allowed.

Two long and thoughtful pieces today, one from the Daily Journal, the other from Greenwire, discuss in painful detail the thumping environmental cases suffered at the hands of the Supreme Court this term. In each case, the court overturned a pro-environment ruling from a court of appeals.

The first case involved whether the Navy must protect whales and dolphins from the effects of loud noises. The most recent case, an Earthjustice case as it happens, revolved around a permit the Corps of Engineers awarded to a mining company that allows the company to dispose of toxic mining wastes in an Alaskan lake. In between, the court found that environmental groups didn't have the right to challenge certain Forest Service regulations, that Shell Oil was not responsible for cleaning up a Superfund site in California, and that cost-benefit calculation at a New England powerplant was legal. The decision the court overturned in the last case, incidentally, was written by Sonia Sotomayor, who looks likely to become the next associate justice. In all five cases, the court upheld rules put forward by the Bush administration.

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.

Today, I am glad to report, the Clean Water Restoration Act has been introduced by Senators Russ Feingold, Barbara Boxer, Benjamin Cardin and 20 other pro-clean water senators in the 111^th Congress. The new bill would protect ALL waters of the United States, regardless of whether one could paddle a dinghy down the stream or not.