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Dow AgroSciences LLC v. National Marine Fisheries Service
The Fourth Circuit vacated a biological opinion the National Marine Fisheries Service (NMFS) prepared as part of EPA's reregistration process for three pesticides—chlorpyrifos, diazinon, and malathion. The biological opinion concluded that the pesticides would jeopardize the viability of certain P...
American Tradition Institute Environmental Law Center v. United States Environmental Protection Agency
A district court dismissed a nonprofit group's lawsuit seeking to halt EPA studies that expose humans to fine particulate matter. The challenged EPA conduct does not constitute final agency action. EPA's alleged failure to comply with an agency rule does not constitute "agency action". And even if i...