Court Seeks More Details On Mine Tailings Case

"It's not just the case of one small lake in Alaska," he said from Juneau. "It's the case of every lake and river and stream in the country."

The case hinges on a change of rules during the Bush administration, he said, and whether rules for fill, which historically has been used for bridges, docks, sea walls or other structures useful in water, can be applied to mine tailings.

The environmental groups argued that the rule change did not mean the Clean Water Act would allow dumping of fill into water bodies.

Pointed questions by justices about provisions of the Clean Water Act, Waldo said, indicate they are studying the case carefully.

"It's unusual for the Supreme Court to request supplemental briefs," he said. "They do not do this in very many cases."

Waldo said he thought a final decision might have been coming Monday. One of the other things to be gleaned from the order is that a decision may not come before the court takes a break in June. Eleven cases were argued before the court in January. This was the first and eight others have been decided, he said.