Mining Committee Report
ABA Section of Environment, Energy, and Resources
243 MINING 2009 Annual Report1 I. FEDERAL CASE LAW DEVELOPMENTS A. The Relationship Between Sections 404 and 402 of the Clean Water Act (CWA) In June, the Supreme Court, 6-3, decided Coeur Alaska, Inc. v. Se. Alaska. Conservation Council, addressing the relationship between sections 404 and 402 of the CWA, and more specifically the applicability of effluent standards under sections 301 and 306 of the CWA to dredge and fill permits issued by the Corps of Engineers under section 404 of the CWA.2...