RE:RE:Lower courts MIGHT consider, but…The USACE provided the public with permit denial regulatory reasoning. There was no "favorable rating" otherwise a permit may have been issued with additional regulatory required submittals (CMP, T&E, etc.).
It's obvious you do not understand US federal environmental law. The Clean Water Act which both Alaska and the USACE administer applies to all lands, including "private property".
60+ permits/authorizations required prior to Alaska legislative consideration. Zero issued to date.
22-years. $1 billion spent. No reserves. No interest. Nothing.