Dow Agrosciences LLC v. National Marine Fisheries Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that FIFRA provides the exclusive judicial review provision for all challenges to a final EPA order under FIFRA, including “all issues inhering” in such a challenge
• rejecting the NMFS’s argument that the plaintiffs’ challenge to a BiOp filed before the EPA made any FIFRA registration decision was premature “based on its view that the BiOp could become insignificant” because the “BiOp represents the culmination of [the NMFS’s] decisionmaking process”
• “When a court of appeals reviews the EPA’s reliance on a [report issued by another agency], it would determine only whether the EPA’s reliance was arbitrary and capricious
• “When a court of appeals reviews the EPA’s reliance on a [report issued by another agency], it would determine only whether the EPA’s reliance was arbitrary and capricious.”
• distinguishing case from D.C. Circuit cases involving final agency action
• applying Bennett v. Spear, 520 U.S. 154 (1997)

Source: CourtListener parenthetical corpus (CC0).