Fairbanks North Star Borough v. U.S. Army Corps of Engineers

FISHER, Circuit Judge:

The Clean Water Act (“CWA”) makes it unlawful to discharge dredged and fill material into the waters of the United States except in accord with a permitting regime jointly administered by the Army Corps of Engineers (“Corps”) and the Environmental Protection Agency (“EPA”). See United States v. Riverside Bayview Homes, Inc., 474 U.S. 121, 123, 106 S.Ct. 455, 88 L.Ed.2d 419 (1985). Fairbanks North Star Borough (“Fairbanks”) seeks judicial review of a Corps’ “approved jurisdictional determination,” which is a written, formal statement of the agency’s view that Fairbanks’…