context: To hold otherwise would limit EPA's ability to exercise its section 404(c) authority to situations where a state has not issued a section 401 certification. That interpretation would be inconsistent with the broad "whenever" language employed in.section 404(c), and it also does not fit within the structure of section 404, which designates EPA as the ultimate de-cisionmaker with respect to the enumerated types of environmental consequences of section 404 discharges.
citation_a.signal: see also
citation_a.identifier: 618 F.Supp. 1184, 1184
citation_a.parenthetical: "[I]f the section 404(c) veto is to have any meaning at all, the EPA must be able to disagree with the Corps' conclusions."
citation_a.sentence: See 33 U.S.C. § 1344; Mingo Logan, 714 F.3d at 614 (“[S]ection 404(b) makes equally clear ... that the Administrator has, in effect, the final say on the specified disposal sites ‘whenever’ he makes the statutorily required ‘unacceptable adverse effect’ determination.”); see also Newport Galleria Grp., 618 F.Supp. at 1184 (“[I]f the section 404(c) veto is to have any meaning at all, the EPA must be able to disagree with the Corps’ conclusions.”).
citation_b.signal: see
citation_b.identifier: 714 F.3d 614, 614
citation_b.parenthetical: "[S]ection 404(b) makes equally clear ... that the Administrator has, in effect, the final say on the specified disposal sites 'whenever' he makes the statutorily required 'unacceptable adverse effect' determination."
citation_b.sentence: See 33 U.S.C. § 1344; Mingo Logan, 714 F.3d at 614 (“[S]ection 404(b) makes equally clear ... that the Administrator has, in effect, the final say on the specified disposal sites ‘whenever’ he makes the statutorily required ‘unacceptable adverse effect’ determination.”); see also Newport Galleria Grp., 618 F.Supp. at 1184 (“[I]f the section 404(c) veto is to have any meaning at all, the EPA must be able to disagree with the Corps’ conclusions.”).