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DOW AGROSCIENCES LLC v. NATIONAL MARINE FISHERIES SERVICE

Civil Action No. AW-09-824.

638 F.Supp.2d 508 (2009)

DOW AGROSCIENCES LLC, et al., Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, et al., Defendants.

United States District Court, D. Maryland, Southern Division.

July 29, 2009.

Attorney(s) appearing for the Case

David Eric Markert, David B. Weinberg, Eric Andreas, P. Nicholas Peterson, Wiley Rein LLP, Deborah Brand Baum, David E. Menotti, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC, for Plaintiffs.

Meredith Lisa Flax, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

ALEXANDER WILLIAMS, Jr., District Judge.

Plaintiffs Dow AgroSciences LLC, Makhteshim Agan of North America, Inc., and Cheminova, Inc. USA bring this action against Defendants National Marine Fisheries Service ("NMFS") and James W. Balsiger ("Balsiger")1 asserting violations of the Administrative Procedure Act, 5 U.S.C. § 701, et seq. ("APA"...

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