The Tenth Circuit also rejected Colorado’s two alternative arguments, the first being its “permitting gap” argument. Colorado had argued that the NWPR would create a gap under which many dredge-and-fill projects would be prohibited, since state law prohibits all discharges of dredged or fill material into state waters in the absence of federal permits while the NWPR’s narrowed jurisdiction could lead to unpermitted discharges into state waters. 8 That claim of injury, however, is not legally cognizable because the harm is not fairly traceable to the NWPR. The court determined that the alleged “permitting gap” is instead self-inflected by the Colorado legislature’s “decision to effectively prohibit dredge and fill activities in state waters not covered by the Clean Water Act.”