ORDER LIST 05/04/09 (2009)

ORDER IN PENDING CASES

07-984 ) COEUR ALASKA, INC. V. SOUTHEAST ALASKA CONSERVATION

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07-990 ) ALASKA V. SOUTHEAST ALASKA CONSERVATION

      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.