[ALPAPilot]

The policy has been effect for at least thirty years and is well known

Not after the Army Corps of Engineers lost both Solid Waste Agency of Northern Cook Cty. v. Army Corps of Engineers, and a RAPANOS et ux., et al. v. UNITED STATES in the U.S. Supreme Court.

This idea of a designation that is not judicially reviewable is the EPA latest "work around" for those two decisions. Plaintiffs are likely to prevail in this case.

[bert]

Ok, ok...... I’m old you know. Half of what I know is obsolete and no longer matters.