The Clean Water Act, despite being one of our nation's most potent environmental protection laws for three decades, has an Achilles' heel—a one-word weakness that the U.S. Supreme Court has expanded into an enormous loophole.
The Latest On: Clean Water Act
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.
On Wednesday, Congressman John Shadegg (R-Arizona) attacked Earthjustice in a Wall Street Journal op-ed, and called on Congress to prevent environmental organizations from suing to prevent expansive offshore oil drilling. Here is the response from Earthjustice President Trip Van Noppen.
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.