Record returned to U.S.D.C. for the District of Alaska.

JUDGMENT ISSUED.

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., file (orders list)

Supplemental reply of petitioner Alaska filed. VIDED. (Distributed)

Supplemental reply of respondent Goldbelt, Inc. filed. VIDED. (Distributed)

Supplemental reply of petitioner Coeur Alaska, Inc. filed. VIDED. (Distributed)

Supplemental reply of respondents Southeast Alaska Conservation Council, et al. filed. VIDED. (Distributed)

Supplemental reply of Federal Respondents filed. VIDED. (Distributed)

Supplemental brief of petitioner Coeur Alaska, Inc. filed. VIDED.(Distributed)

Supplemental brief of respondents Southeast Alaska Conservation Council, et al. filed. VIDED. (Distributed)

Supplemental brief of respondent Goldbelt, Inc. filed. VIDED. (Distributed)

Supplemental brief of amicus National Association of Home Builders filed. VIDED. (Distributed)

Supplemental brief of Federal Respondents supporting petitioners filed. VIDED. (Distributed)

Supplemental brief of petitioner Alaska filed. VIDED. (Distributed)

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 se

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.

Reply of Federal Respondents supporting petitioners filed. VIDED. (Distributed)

Reply of petitioner Alaska filed. VIDED. (Distributed)

Reply of respondent Goldbelt, Inc. supporting petitioners filed. VIDED. (Distributed)

Reply of petitioner Coeur Alaska, Inc. filed. VIDED. (Distributed)

Motion for divided argument filed by the Solicitor General GRANTED. VIDED. (orders list)

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)

Record received from the U.S.C.A. for the 9th Circuit. (1 box)

Brief amici curiae of David M. Chambers, Catherine Coumans, and Carol Ann Woody filed. VIDED. (Distributed).

Motion of the Solicitor General for divided argument VIDED.

Brief amici curiae of Nondalton Tribal Council, et al. filed. VIDED. (Distributed)

Brief amici curiae of Members of Congress filed. VIDED. (Circulated)

Brief amicus curiae of Honorable G. Tracy Mehan,III filed. VIDED.(Circulated)

Brief amici curiae of American Rivers, et al. filed. VIDED. (Circulated)

Brief of respondents Southeast Alaska Conservation Council, Sierra Club, and Lynn Canal Conservation filed. VIDED. (Distributed)

CIRCULATED.

SET FOR ARGUMENT ON Monday, January 12, 2009

Brief amicus curiae of Mountain States Legal Foundation filed. VIDED.

Brief amici curiae of National Mining Association, et al. filed. VIDED.

Brief amicus curiae of National Association of Home Builders filed. VIDED.

Brief amicus curiae of Council of Alaska Producers filed. VIDED.

Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.

Brief amicus curiae of Resource Development Council for Alaska, Inc. filed. VIDED.

Joint appendix filed (2 volumes). Statement of costs received. VIDED.

Brief of respondent Goldbelt, Inc. in support of petitioners filed. VIDED.

Brief of petitioner Coeur Alaska, Inc. filed. VIDED.

Brief of respondents United States Army Corps of Engineers, et al. in support of petitioners filed. VIDED.

Brief of petitioner Alaska filed. VIDED.

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioner Coeur Alaska. VIDED.

The time within which to file respondents' briefs on the merits is further extended to and including November 7, 2008. VIDED.

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.

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the respondent Goldbelt, Inc. VIDED.

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.

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioner Alaska. VIDED.

The time within which to file respondents' briefs on the merits is extended to and including October 23, 2008. VIDED.

The time within which to file the joint appendix and petitioners' briefs on the merits is extended to and including September 2, 2008. VIDED.

Petition GRANTED The case is consolidated with No. 07-990, and a total of one hour is allotted for oral argument. (orders list)

DISTRIBUTED for Conference of June 26, 2008.

DISTRIBUTED for Conference of June 19, 2008.

Letter and attachment dated May 27, 2008, proposing a lodging, received from counsel for the petitioner. (Distributed).

Reply of petitioner Coeur Alaska, Inc. filed. (Distributed)

DISTRIBUTED for Conference of June 12, 2008.

Brief of respondent Southeast Alaska Conservation Council, et al. in opposition filed. VIDED.

Brief of Federal Respondents in opposition filed. VIDED.

Order further extending time to file response to petition to and including May 14, 2008, for all respondents.

Order further extending time to file response to petition to and including April 30, 2008, for all respondents.

Brief amicus curiae of Mountain States Legal Foundation filed.

Brief amici curiae of National Mining Association, et al. filed.

Order extending time to file response to petition to and including March 31, 2008, for all respondents.

Letter of February 19, 2008, from counsel for respondent Alaska received.

Brief of respondent Goldbelt, Inc. in support filed. VIDED.

Petition for a writ of certiorari filed. (Response due February 28, 2008)

Alaska, Petitioner, represented by Jonathan S. Franklin

Coeur Alaska, Inc., Petitioner, represented by Theodore B. Olson

Goldbelt, Inc., Respondent, represented by David C. Crosby

Southeast Alaska Conservation Council, et al., Respondent, represented by Thomas S. Waldo

United States Army Corps of Engineers, et al., Respondent, represented by Elena Kagan

American Rivers, et al., Amicus Curiae, represented by Deborah A. Sivas

Council of Alaska Producers, Amicus Curiae, represented by Paul J. Lawrence

David M. Chambers, Catherine Coumans, and Carol Ann Woody, Amicus Curiae, represented by Jeffrey C. Parsons

Honorable G. Tracy Mehan,III, et al., Amicus Curiae, represented by Amy J. Wildermuth

Members of Congress, Amicus Curiae, represented by David C. Vladeck

Mountain States Legal Foundation, Amicus Curiae, represented by William Perry Pendley

National Association of Home Builders, Amicus Curiae, represented by Duane J. Desiderio

National Mining Association, et al., Amicus Curiae, represented by Christopher T. Handman

Nondalton Tribal Council, et al., Amicus Curiae, represented by Ethan G. Shenkman

Pacific Legal Foundation, et al., Amicus Curiae, represented by James S. Burling

Resource Development Council for Alaska, Inc., Amicus Curiae, represented by Michael Jungreis