United States Fourth Circuit

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Dow AgroSciences LLC v. National Marine Fisheries Service, 11-2337

Summary judgment for defendant National Marine Fisheries on suit brought by pesticide manufacturers challenging a biological opinion issued by the defendant to the Environmental Protection Agency under the Administrative Procedure Act, is reversed, the opinion is vacated and the case is remanded, where the opinion that the pesticides would jeopardize the viability of certain Pacific salmonids and their habitat is arbitrary and capricious because it was not the product of reasoned decision-making in that the defendant failed to explain or support several assumptions critical to its opinion.

Appellate Information

  • Decided 02/21/2013
  • Published 02/21/2013

Judges

  • NIEMEYER

Court

  • United States Fourth Circuit

Counsel

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