Not Happening 7 - no preemption https://www.federalregister.gov/documents/2022/05/26/2022-10976/proposed-determination-to-prohibit-and-restrict-the-use-of-certain-waters-within-defined-areas-as
"On November 25, 2014, the U.S. District Court for the District of Alaska, in litigation brought by PLP, issued a preliminary injunction against EPA that halted EPA Region 10's CWA Section 404(c) review process until the case was resolved. Order Granting Preliminary Injunction at 1–2, Pebble Limited Partnership v. EPA , No. 3:14–cv–00171 (D. Alaska Nov. 25, 2014). On May 11, 2017, EPA and PLP settled that lawsuit and the court subsequently dissolved the injunction and dismissed the case with prejudice. As part of that settlement agreement, EPA Region 10 agreed to “initiate a process to propose to withdraw the [2014] Proposed Determination” and ultimately withdrew it in August 2019.[1] In October 2019, twenty tribal, fishing, environmental, and conservation groups challenged EPA's withdrawal of the 2014 Proposed Determination in the U.S. District Court for the District of Alaska. This litigation ultimately resulted in an October 29, 2021 District Court decision to vacate EPA's 2019 decision to withdraw the 2014 Proposed Determination and remand the action to the Agency for reconsideration."