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:
The Latest On: U.S. Supreme Court
This morning, the US. Supreme Court heard arguments from Earthjustice about why the Clean Water Act should not be interpreted to allow mining companies to dump mine wastes into our nation's streams, rivers and lakes. A mining company attorney told the court that an Alaskan lake would be better off in the long run after a mining company dumped its tailings into it, killing all the fish and most other life. Justice David Souter described that logic as "Orwellian." We will be blogging after the arguments are concluded. Read the entire transcript of today's Supreme Court hearing on the Clean Water Act.
On this coming Monday - while the media are riveted by the upcoming inauguration - the fate of our nation’s waters will be taken up by the U.S. Supreme Court. The Court will hear arguments in an Earthjustice case that has implications for rivers, lakes, and streams across the country.
The case concerns a gold mine north of Juneau, Alaska. The Army Corps of Engineers granted a permit for the mine to Coeur Alaska. One provision of the permit allows Coeur to deposit its mine tailings into Lower Slate Lake after raising the level of the lake by building a long earthen dam.
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.
Although the Bush administration is only 7 years old, I would still hope it would act more mature than my 6 year-old. After reading the administration's 588 page response to the Supreme Court's order that it consider whether greenhouse gases endanger public health or welfare, however, I'm thinking my son has the edge.
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.