Here’s a little more about the hearing from KTUU:
The groups suing the federal government allege that the EPA violated the Clean Water Act and the Administrative Procedures Act when it overturned its 2014 proposed determination, which had preemptively vetoed a permit that would be needed from the U.S. Army Corps of Engineers for large scale mining in the area of Southwest Alaska where the Pebble Partnership wants to build a mine. ,,,
… Mark Nitczynski, an attorney with the Department of Justice representing the EPA, argued that the EPA’s decision to withdraw the proposed determination is a decision “not to enforce,” which is presumptively unreviewable. Nitczynski argued that if the case is not dismissed, Judge Gleason’s decision would subject every EPA decision not to use its veto authority on any U.S. Army Corps of Engineers permit to a review.