After reviewing the recommendations of the Regional Administrator or his designee, the Administrator shall within 30 days of receipt of the recommendations and administrative record initiate consultation with the Chief of Engineers, the owner of record, and, where applicable, the State and the applicant, if any. They shall have 15 days to notify the Administrator of their intent to take corrective action to prevent an unacceptable adverse effect(s), satisfactory to the Administrator. Within 60 days of receipt of the recommendations and record, the Administrator shall make a final determination affirming, modifying, or rescinding the recommended determination. The final determination shall describe the satisfactory corrective action, if any, make findings, and state the reasons for the final determination. Notice of such final determination shall be published as provided in § 231.3, and shall be given to all persons who participated in the public hearing. Notice of the Administrator's final determination shall also be published in the Federal Register. For purposes of judicial review, a final determination constitutes final agency action under section 404(c) of the Act.
Notes of Decisions
Trout Unlimited v. Michelle Pirzadeh, 1 F.4th 738 (9th Cir. 2021).
· cites it 2× “6 6 Defendants argue that a different regulation, 40 C.F.R. § 231.6 , supports their interpretation of § 231.”
Bristol Bay Econ. Dev. Corp. v. Pirzadeh (D. Alaska 2020).
· cites it 3× “17 40 C.F.R. § 231.6 . A similar process occurs when the EPA administrator decides to review the withdrawal of a proposed determination.”
Pebble Ltd. P'ship v. United States Env't Prot. Agency, 155 F. Supp. 3d 1000 (D. Alaska 2014).
· cites it 4× “” 40 C.F.R. § 231.6 . “They shall have 15 days to notify the Administrator of their intent to take corrective action to prevent an unacceptable adverse effect(s)[J” 40 C.”
Bd. of Mississippi Levee Commissioners v. United States Env't Prot. Agency, 785 F. Supp. 2d 592 (N.D. Miss. 2011).
“In accordance with the section 404(c) regulations, see 40 C.F.R. Section 231.6, the Assistant Administrator for Water offered the opportunity for final consultation to the Office of the Assistant Secretary of the Army for Civil Works and the Mississippi Board of Levee…”
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