Dow AgroSciences LLC v. National Marine Fisheries Service

摘要

Chemical companies may bring claims in federal district court challenging validity of Endangered Species Act biological opinion prepared by National Marine Fisheries Service for three pesticide reregistrations by Environmental Protection Agency under Federal Insecticide, Fungicide, and Rodenticide Act, because: (1) biological opinion is final agency action subject to judicial review, and (2) even though FIFRA provides for exclusive jurisdiction in federal appeals courts over claims challenging orders issued by EPA under FIFRA, opinion is not issued by EPA and claims are not issues inherent in EPA's eventual order on reregistration.