Environmental Issues Lose in Supreme Court

06.25.2009
Daily Journal

Paul Weiland is quoted in the Daily Journal article, "Environmental Issues Lose in Supreme Court." The article discusses the U.S. Supreme Court ruling in the Coeur Alaska v. Southeast Alaska Conservation case, reversing the 9th U.S. Circuit Court of Appeals. The ruling affirms that under the Clean Water Act, mining waste falls under the jurisdication of the Army Corps of Engineers rather than the U.S. Environmental Protection Agency. 

Mr. Weiland is paraphrased in the article saying, "the decision is "certainly helpful" for mining companies, which now know for sure which section of the Clean Water Act applies to waste material. They will also face less of a financial burden in meeting the costs of regulation, as the Army Corps of Engineers' rules are less strict."

Regarding other recent U.S. Supreme Court rulings, he added, "The forest service regulation case shares a common trait with the Navy sonar ruling of being "really helpful" to the federal government. Both cases make it harder for private plaintiffs to challenge government actions. In the Navy sonar case, the majority announced an "almost insurmountable standard" for plaintiffs in any case involving national security."

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