1. This case presents an important question regarding whether a waiver accompanying a preliminary jurisdictional determination by the U.S. Army Corps of Engineers that expressly precludes "any challenge... in any Federal court" applies in citizen suits alleging violations related to the permitted activity. The Eleventh Circuit acknowledged that, "[o]n its face, the capacious language of the waiver would seem to encompass citizen suits against violations of the permit." Glynn Env''t Coal., Inc. v. Sea Island Acquisition, LLC, 146 F.4th 1080, 1086 (11th Cir. 2025). Yet it nonetheless construed the waiver not to encompass citizen suits, citing "context." Id. at 1086-87. The Eleventh Circuit's erroneous, atextual construction of the Corps' standard waiver undermines uniform administration of Clean Water Act § 404 permits and accompanying waivers.

2. The 60-day extension to file a certiorari petition is necessary because undersigned counsel only recently has been retained in this case and needs the additional time to review the record and prepare the petition and appendix in light of other, previously engaged matters in this and other courts, including: (1) oral argument in this Court in Rutherford v. United States, No. 24-820 (argued Nov. 12, 2025); (2) a certiorari petition in this Court in Miami Township Board of Trustees v. Gillispie (due Nov. 20, 2025); (3) oral argument in Georgia State Court for Cobb County in Barnes v. Monsanto Co., No. 21-A-444 (scheduled for Nov. 24-25, 2025); (4) areply brief in this Court in Rahman v. Bondi, No. 25-81 (due Dec. 23, 2025); and (5) a reply brief in this Court in Shelby County v. Couser, No. 25-419 (due Dec. 23, 2025).

Whether a waiver in a U.S. Army Corps of Engineers preliminary jurisdictional determination that precludes 'any challenge... in any Federal court' bars citizen suits alleging violations related to the permitted activity under the Clean Water Act