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Home / Opinion Digests / Agency Pesticide Opinion ‘Arbitrary,’ Court Says (access required)

Agency Pesticide Opinion ‘Arbitrary,’ Court Says (access required)

A “biological opinion” issued by the National Marine Fisheries Service to the Environmental Protection Agency is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 706, and the 4th Circuit reverses summary judgment for the Fisheries Service and vacates its opinion concluding certain pesticides would jeopardize the viability of Pacific salmonids and their ...

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