Chevron deference does not apply. The why: Existing federal law regarding EPA's Final Determination administration process.
There is no AMBIGUITY regarding Clean Water Act federal law.
There is no AMBIGUITY regarding EPA's legal and administrative process leading to the VETO.
90% of Final Determination comments supported the veto.
The USACE's permit and appeal rejection complied with federal law.
The Obama appointed Alaska Federal District Judge Gleason will uphold the veto.
New mine plan and EIS. Underground only. Simple.