Legal Opinion
Dow Agrosciences LLC v. National Marine Fisheries Service
Court of Appeals for the Fourth Circuit
Decided March 2, 2011No. 09-1968PublishedCited by 13 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge SHEDD and Judge AGEE joined.
OPINION
NIEMEYER, Circuit Judge:
The question presented by this appeal is whether a “biological opinion” issued by the National Marine Fisheries Service to the Environmental Protection Agency (EPA) pursuant to the Fisheries Service’s consulting role under the Endangered Species Act is subject to judicial review in the district court under the Administrative Procedure Act (APA), 5 U.S.C. § 704. The Fisheries Service, which provided the biological opinion to the EPA as part of…
2Cases cited11 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Bennett v. SpearSupreme Court of the United States · 1997
- Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986
- Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948
- Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget TransatlanticSupreme Court of the United States · 1970
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Clear Sky Car Wash LLC v. City of Chesapeake, VirginiaCourt of Appeals for the Fourth Circuit · 2014
- Ergon-W. Va., Inc. v. U.S. Envtl. Prot. AgencyCourt of Appeals for the Fourth Circuit · 2018
- Dow AgroSciences LLC v. National Marine Fisheries ServiceCourt of Appeals for the Fourth Circuit · 2013
- Sierra Club v. U. S. Army Corps of EngineersCourt of Appeals for the Fourth Circuit · 2020
- Maine Council of the Atlantic Salmon Federation v. National Marine Fisheries ServiceCourt of Appeals for the First Circuit · 2017
8 more not listed; retrieve them via the Exa API.