No EPA 401c certification = no USACE 404 permit. The concept of Alaska's state land being exempt from Clean Water Act regulation is absurd. That is like saying private and federal land is exempt from Clean Water Act regulation.
If Alaska truly believes this, then EPA should withdraw Alaska's Clean Water Act primacy (administration) as granted by EPA, and defund State agencies.
That is why SCOTUS and any lower court who will consider is a waste of time and Alaska taxpaper money.