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Supreme Court's 'Golden' Ruling
January 12, 2009 3:36 PM
ABC News' Stu Schutzman reports:
There's a curious case before the Supreme court today, curious because of the way it's being argued. Ted Olson, former Bush Solicitor General, represents a gold mining concern which wants to dump its waste material, known as tailings, into a lake smack in the middle of Alaska's Tongass National Forest. Olson concedes that dumping millions of gallons of this stuff into the lake will virtually kill all its aquatic life. He's arguing that once the mining operation is completed, the lake can be restocked.
"It will be a bigger lake," he says, "with more life than before."
I'm neither a scientist, a minor nor an environmentalist, but it sounds to me like Olson's making the argument to kill the lake in order to save it. Where have we heard that before?
Traditionally, these tailings have been placed in dry storage at the mine's expense. That's how it works under the Clean Water Act of 1972. But in 2002 the Bush Administration cut the coal mining industry some slack in its dumping practices and the gold folks apparently looked to capitalize.
In 2005, Coeur Alaska Inc got a permit from the Army Corps of Engineers to dump their waste metal into Alaska's Lower Slate Lake. Only on the permit it's not called waste metal or tailings but "fill." Presumably, harmless fill. Justice Souter, seemingly not amused, said that was an attempt to define away the problem.
Environmentalists are livid, concerned that if the court rules with the gold mine, no lake or waterway in the country is immune. As I said, it's a curious argument and I for one am very curious to see how the court comes down on this one.
January 12, 2009 | Permalink | Share | User Comments (4)
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In 9 days the national nightmare known as Bush-Cheney will be over. Or will it?
Scalia is an avid fisherman so that may help.
Posted by: B. Bear | Jan 12, 2009 4:18:08 PM
"In 9 days the national nightmare known as Bush-Cheney will be over. Or will it?
"
given that obama has always sided with the mine owners over the mine workers, the answer is NO.
Posted by: Tra la la | Jan 12, 2009 4:42:02 PM
Conservatives have ALWAYS been AGAINST clean air laws, clean water laws, hazardous waste disposal regulations, worker safety, and in favor of death for humans, animals, and fish. So it'll be Scalia for death, Robertson for death, Alito for death, and of course Thomas for death. Kennedy will probably be the deciding factor again.
Posted by: AlChemist | Jan 12, 2009 4:57:47 PM
Wow, I thought Ted Olson had some standards.
I guess when you are a lawyer and need work you'll try and argue anything.
Hopefully the Supreme Court uses some common sense when figuring out this one.
I'll be watching.
Posted by: Noz | Jan 13, 2009 8:10:47 AM
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