Legal Opinion
Dow AgroSciences LLC v. National Marine Fisheries Service
Court of Appeals for the Fourth Circuit
Decided February 21, 2013No. 11-2337PublishedCited by 20 opinions
1Opinion of the Court
Reversed, the agency’s biological opinion vacated, and the ease remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge SHEDD and Judge AGEE joined.
OPINION
NIEMEYER, Circuit Judge:
In this appeal, we decide whether a “biological opinion” (“BiOp”) issued by the National Marine Fisheries Service (“Fisheries Service” or “the Service”) to the Environmental Protection Agency (“EPA”) is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 706. The BiOp, which the Fisheries Service provided as part of the EPA’s process of reregis-tering the pesticides…
2Cases cited13 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Camp v. PittsSupreme Court of the United States · 1973
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- San Luis & Delta-Mendota Water v. Natural Resources Defense CounCourt of Appeals for the Ninth Circuit · 2014
- Sierra Club v. U.S. Dep't of the InteriorCourt of Appeals for the Fourth Circuit · 2018
- Appalachian Voices v. US Department of the InteriorCourt of Appeals for the Fourth Circuit · 2022
- Defenders of Wildlife v. U.S. Dept. of the InteriorCourt of Appeals for the Fourth Circuit · 2019
- San Luis & Delta-Mendota Water v. Natural Resources Defense CounCourt of Appeals for the Ninth Circuit · 2014
15 more not listed; retrieve them via the Exa API.