Scott L. Nelson , Public Citizen Litigation Group, Washington, DC, Thomas S. Waldo , Counsel of Record, Earthjustice, Juneau, AK, for Respondents Southeast Alaska Conservation Council, Sierra Club, and Lynn Canal Conservation.
David C. Crosby , Counsel of Record, Juneau, AK, for Respondent Goldbelt, Inc. in Support of Petitioners.
Elena Kagan , Gregory G. Garre , Solicitor General, Counsel of Record, Department of Justice, Washington, D.C., for Federal Respondents Supporting Petitioners.
JusticeKENNEDY delivered the opinion of the Court.
These cases require us to address two questions under the Clean Water Act (CWA or Act). The first is whether the Act gives authority to the United States Army Corps of Engineers, or instead to the Environmental Protection Agency (EPA), to issue a permit...
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