RE:He is absolutely Correct on his statementsIf you understand US federal environmental law, Section 404 of the Clean Water Act as administered in Alaska is only by the USACE. The USACE is the only agency authorized to issue Alaska 404 permits AFTER EPA 401 CERTIFICATION. However, this is secondary given EPA's Pebble veto.
NO COURT CAN PROPOSE OR AMEND FEDERAL LAW INCLUDING THE CLEAN WATER ACT.