National Pork Producers Council v. United States Environmental Protection Agency

How courts have described this case

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

• holding guidance letters issued by the EPA do not constitute final agency actions because they “neither create new legal consequences nor affect their rights or obligations”
• stating that agency action is nonfinal if it restates an existing legal rule
• finding guidance letter was not final action where it “only reiterate[d] what has been well established since the enactment of the [Clean Water Act of 1972]”
• “As required by the APA, on April 12, 2009, within 120 days of the issuance of the guidance letters, the Poultry Petitioners filed their petition for review, 27 challenging the EPA Letters.”
• “If the practical effect of the agency action is not a certain change in the legal obligations of a party, the action is non-final for the purpose of judicial review.” (emphasis added) (brackets omitted
• finding “guidance letters” met the first prong and collecting cases

Source: CourtListener parenthetical corpus (CC0).