Docket for 07-984
No. 07-984
Vide 07-990
Title:
Coeur Alaska, Inc., Petitioner
v.
Southeast Alaska Conservation Council, et al.
Docketed:January 29, 2008
Lower Ct:United States Court of Appeals for the Ninth Circuit
  Case Nos.:(06-35679)
  Decision Date:May 22, 2007
  Rehearing Denied:October 29, 2007
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Jan 28 2008 Petition for a writ of certiorari filed. (Response due February 28, 2008)
Feb 11 2008 Brief of respondent Goldbelt, Inc. in support filed. VIDED.
Feb 21 2008 Letter of February 19, 2008, from counsel for respondent Alaska received.
Feb 25 2008 Order extending time to file response to petition to and including March 31, 2008, for all respondents.
Feb 28 2008 Brief amici curiae of National Mining Association, et al. filed.
Feb 28 2008 Brief amicus curiae of Mountain States Legal Foundation filed.
Mar 26 2008 Order further extending time to file response to petition to and including April 30, 2008, for all respondents.
Apr 25 2008 Order further extending time to file response to petition to and including May 14, 2008, for all respondents.
May 14 2008 Brief of Federal Respondents in opposition filed. VIDED.
May 14 2008 Brief of respondent Southeast Alaska Conservation Council, et al. in opposition filed. VIDED.
May 27 2008 DISTRIBUTED for Conference of June 12, 2008.
May 27 2008 Reply of petitioner Coeur Alaska, Inc. filed. (Distributed)
May 28 2008 Letter and attachment dated May 27, 2008, proposing a lodging, received from counsel for the petitioner. (Distributed).
Jun 16 2008 DISTRIBUTED for Conference of June 19, 2008.
Jun 23 2008 DISTRIBUTED for Conference of June 26, 2008.
Jun 27 2008 Petition GRANTED The case is consolidated with No. 07-990, and a total of one hour is allotted for oral argument.
Jul 15 2008 The time within which to file the joint appendix and petitioners' briefs on the merits is extended to and including September 2, 2008. VIDED.
Jul 15 2008 The time within which to file respondents' briefs on the merits is extended to and including October 23, 2008. VIDED.
Aug 13 2008 Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioner Alaska. VIDED.
Aug 13 2008 Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the respondent Goldbelt, Inc. VIDED.
Aug 13 2008 Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the respondents Southeast Alaska Conservation, Sierra Club, and Lynn Canal Conservation. VIDED.
Aug 14 2008 The time within which to file the joint appendix and petitioners' briefs on the merits is further extended to and including September 17, 2008. VIDED.
Aug 14 2008 The time within which to file respondents' briefs on the merits is further extended to and including November 7, 2008. VIDED.
Aug 19 2008 Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioner Coeur Alaska. VIDED.
Sep 17 2008 Brief of petitioner Alaska filed. VIDED.
Sep 17 2008 Brief of respondents United States Army Corps of Engineers, et al. in support of petitioners filed. VIDED.
Sep 17 2008 Brief of petitioner Coeur Alaska, Inc. filed. VIDED.
Sep 17 2008 Brief of respondent Goldbelt, Inc. in support of petitioners filed. VIDED.
Sep 17 2008 Joint appendix filed (2 volumes). Statement of costs received. VIDED.
Sep 24 2008 Brief amici curiae of National Mining Association, et al. filed. VIDED.
Sep 24 2008 Brief amicus curiae of National Association of Home Builders filed. VIDED.
Sep 24 2008 Brief amicus curiae of Council of Alaska Producers filed. VIDED.
Sep 24 2008 Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
Sep 24 2008 Brief amicus curiae of Mountain States Legal Foundation filed. VIDED.
Sep 24 2008 Brief amicus curiae of Resource Development Council for Alaska, Inc. filed. VIDED.
Oct 7 2008 SET FOR ARGUMENT ON Monday, January 12, 2009
Nov 4 2008 CIRCULATED.
Nov 7 2008 Brief of respondents Southeast Alaska Conservation Council, Sierra Club, and Lynn Canal Conservation filed. VIDED. (Distributed)
Nov 14 2008 Brief amici curiae of David M. Chambers, Catherine Coumans, and Carol Ann Woody filed. VIDED. (Distributed).
Nov 14 2008 Brief amici curiae of American Rivers, et al. filed. VIDED. (Circulated)
Nov 14 2008 Brief amicus curiae of Honorable G. Tracy Mehan,III filed. VIDED.(Circulated)
Nov 14 2008 Brief amici curiae of Members of Congress filed. VIDED. (Circulated)
Nov 14 2008 Brief amici curiae of Nondalton Tribal Council, et al. filed. VIDED. (Distributed)
Nov 14 2008 Motion of the Solicitor General for divided argument VIDED.
Nov 28 2008 Record received from the U.S.C.A. for the 9th Circuit. (1 box)
Nov 28 2008 Record received from the Chambers of Honorable Judge Procter Hug, Jr. (U.S.C.A. for 9th Circuit) for the U.S.D.C. for the District of Alaska. (1 envelope)
Dec 1 2008 Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
Dec 8 2008 Reply of Federal Respondents supporting petitioners filed. VIDED. (Distributed)
Dec 8 2008 Reply of petitioner Coeur Alaska, Inc. filed. VIDED. (Distributed)
Dec 8 2008 Reply of respondent Goldbelt, Inc. supporting petitioners filed. VIDED. (Distributed)
Dec 8 2008 Reply of petitioner Alaska filed. VIDED. (Distributed)
Jan 12 2009 Argued. For federal respondents in support of petitioners: Gregory G. Garre, Solicitor General, Department of Justice, Washington, D.C. For petitioners: Theodore B. Olson, Washington, D.C. For respondents: Thomas S. Waldo, Juneau, Alaska.
May 4 2009 The parties are directed to file supplemental briefs addressing the following questions: (1) If the discharge of the slurry into the lake would violate Section 301 or Section 306 of the Clean Water Act, would that future violation authorize a court to set aside the permits issued by the United States Army Corps of Engineers, and the Record of Decision issued by the United States Forest Service, as �not in accordance with law,� 5 U.S.C. �706(2)(A)? See Pension Benefit Guaranty Corp. v. LTV Corp., 496 U.S. 633, 646 (1990). (2) If a discharge comes within the scope of the Environmental Protection Agency's effluent limitations and satisfies the definition of fill material, may the discharger obtain permits under both Section 402 and Section 404 of the Clean Water Act? Must the discharger do so? The briefs, not to exceed 6,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, May 15, 2009. Amicus briefs, not to exceed 4,500 words, may be filed with the Clerk and served upon counsel to the parties on or before 2 p.m., Friday, May 15, 2009. Reply briefs, not to exceed 3,000 words, may be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, May 22, 2009. VIDED.
May 15 2009 Supplemental brief of petitioner Coeur Alaska, Inc. filed. VIDED.(Distributed)
May 15 2009 Supplemental brief of petitioner Alaska filed. VIDED. (Distributed)
May 15 2009 Supplemental brief of Federal Respondents supporting petitioners filed. VIDED. (Distributed)
May 15 2009 Supplemental brief of amicus National Association of Home Builders filed. VIDED. (Distributed)
May 15 2009 Supplemental brief of respondent Goldbelt, Inc. filed. VIDED. (Distributed)
May 15 2009 Supplemental brief of respondents Southeast Alaska Conservation Council, et al. filed. VIDED. (Distributed)
May 22 2009 Supplemental reply of Federal Respondents filed. VIDED. (Distributed)
May 22 2009 Supplemental reply of respondents Southeast Alaska Conservation Council, et al. filed. VIDED. (Distributed)
May 22 2009 Supplemental reply of petitioner Coeur Alaska, Inc. filed. VIDED. (Distributed)
May 22 2009 Supplemental reply of respondent Goldbelt, Inc. filed. VIDED. (Distributed)
May 22 2009 Supplemental reply of petitioner Alaska filed. VIDED. (Distributed)
Jun 22 2009 Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, and Alito, JJ., joined, and in which Scalia, J., joined in part. Breyer, J., filed a concurring opinion. Scalia, J., filed an opinion concurring in part and concurring in the judgment. Ginsburg, J., filed a dissenting opinion, in which Stevens and Souter, JJ., joined.
Jul 24 2009 JUDGMENT ISSUED.
Aug 5 2009 Record returned to U.S.D.C. for the District of Alaska.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Jonathan S. Franklin Fulbright & Jaworski L.L.P.(202) 662-0466
    Counsel of Record801 Pennsylvania Avenue, N.W.
Washington, DC  20004-2623
jfranklin@fulbright.com
Party name: Alaska
 
Theodore B. Olson Gibson, Dunn & Crutcher LLP(202) 955-8500
    Counsel of Record1050 Connecticut Avenue, N.W.
Washington, DC  20036
tolson@gibsondunn.com
Party name: Coeur Alaska, Inc.
Attorneys for Respondents:
David C. Crosby 5280 Thane Road(907) 586-6262
    Counsel of RecordJuneau, AK  99801-7717
Party name: Goldbelt, Inc.
 
Elena Kagan Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: United States Army Corps of Engineers, et al.
 
Thomas S. Waldo Earthjustice(907) 586-2751
    Counsel of Record 325 Fourth Street
Juneau, AK  99801
twaldo@earthjustice.org
Party name: Southeast Alaska Conservation Council, et al.
Other:
James S. Burling Pacific Legal Foundation(916) 419-7111
3900 Lennane Drive, Suite 200
Sacramento, CA  95834
Party name: Pacific Legal Foundation, et al.
 
Duane J. Desiderio National Association of Home Builders(202) 866-8200
1201 15th Street, NW
Washington, DC  20005
Party name: National Association of Home Builders
 
Christopher T. Handman Hogan Lovells US LLP(202) 637-5719
555 Thirteenth Street, N.W.
Washington, DC  20004
chris.handman@hoganlovells.com
Party name: National Mining Association, et al.
 
Michael Jungreis Hartig Rhodes Hoge & Lekisch(907)-276-1592
717 K Street
Anchorage, AK  99501
Party name: Resource Development Council for Alaska, Inc.
 
Paul J. Lawrence K&L Gates LLP(907) 276-1969
420 L Street, Suite 400
Anchorage, AK  99501-1971
Party name: Council of Alaska Producers
 
Jeffrey C. Parsons Western Mining Action Project(303)-823-5738
440 Main Street, Suite 102
P.O. Box 349
Lyons, CO  80540
WMAP@igc.org
Party name: David M. Chambers, Catherine Coumans, and Carol Ann Woody
 
William Perry Pendley Mountain States Legal Foundation(303) 292-2021
2596 South Lewis Way
Lakewood, CO  80227
Party name: Mountain States Legal Foundation
 
Ethan G. Shenkman Wilmer Cutler Pickering Hale and Dorr, LLP(202) 663-6000
1875 Pennsylvania Ave., NW
Washington, DC  20006
Party name: Nondalton Tribal Council, et al.
 
Deborah A. Sivas Environmental Law Clinic(650)-723-0325
Stanford Law School
559 Nathan Abbott Way
Stanford, CA  94306-8610
dsivas@stanford.edu
Party name: American Rivers, et al.
 
David C. Vladeck Georgetown University Law Center(202) 662-9540
600 New Jersey Ave., NW
Washington, DC  20001
Party name: Members of Congress
 
Amy J. Wildermuth University of Utah(801) 581-6833
S.J. Quinney College of Law
332 South 1400 East, Rm. 101
Room 101
Salt Lake City, UT  84112
amy.wildermuth@law.utah.edu
Party name: Honorable G. Tracy Mehan,III, et al.