unlawful

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"[Environmentalist plaintiffs argue] that the permit from the [U.S. Army] Corps [of Engineers] is unlawful because the discharge of slurry would violate an EPA regulation promulgated under . . . 33 U.S.C. § 1316(b). The EPA regulation, which is called a 'new source performance standard,' forbids mines like Coeur Alaska's from discharging 'process wastewater' into the navigable waters.  40 CFR § 440.104(b)(1).  Coeur Alaska, the State of Alaska, and the federal agencies maintain that the Corps permit is lawful nonetheless because the EPA's performance standard does not apply to discharges of fill material."

"We conclude that the Corps was the appropriate agency to issue the permit and that the permit is lawful."