United States Fourth Circuit
Dow Agrosciences LLC v. Natl. Marine Fisheries Serv., 09-1968
In a dispute involving whether, without agency-action, a "biological opinion" issued by the National Marine Fisheries Service to the Environmental Protection Agency is subject to judicial review under the APA, dismissal by district court is reversed because such opinion is judicially reviewable where under case law opinion is a final agency act and deferring judicial review of opinion until agency acts on opinion would not provide adequate review.
Appellate Information
- Decided 03/02/2011
- Published 03/02/2011
Judges
- NIEMEYER
Court
- United States Fourth Circuit