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Folks in the Executive branch make decisions all the time ~ that have the binding force of law BECAUSE, as it turns out, they are enforcing the law.

There's a thing called FINAL AGENCY DECISION ~ and once that's issued if you don't like it you can go to federal district court ~ if it hasn't been issued the courts will tell you to go back to the Executive branch and get a final decision. Without it Due Process of Law has not been completed.

It seems to me this deal between the Corps of Engineers and EPA is a tad weird. Once EPA makes a decision, that should be the end of it ~ and the property owner could take the question to court.

What's going on here is the Corps of Engineers has been assigned the responsibility for issuing Final Agency Decision, but the trick is they can't act until any deficiency cited by EPA has been cleared.

Basically EPA, and the Corps, are playing a flim flam game that probably should result in some lawyers for both agencies being disbarred, tried for conspiring against the courts, and then tossed into prison for life.

That's for starters.

I really do know the type of bureaucrat who would come up with a structure like this, and they are not nice, nor are they normal. I spent many years making sure infernal machinery was REMOVED from processes, yet, you'll find them sticking it in the most obscure spots ~ it's like they're possessed.

I'm guessing that even the Diesel Dyke on the Court is going to find this process defective in the extreme.