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DOW AGROSCIENCES v. NAT. MARINE FISHERIES SERVICE

Civil Action No. 09-cv-00824-AW.

821 F.Supp.2d 792 (2011)

DOW AGROSCIENCES LLC, et al., Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, et al., Defendants and Northwest Center for Alternatives to Pesticides, P.O. Box 1393, Eugene, OR 97440, Pacific Coast Federation of Fishermen's Associations, P.O. Box 11170, Eugene, OR 97440-3370, Institute for Fisheries Resources, Eugene, OR 97440-3370, Defenders of Wildlife, 1130 — 17th Street, N.W., Washington, D.C. 20036, Defendant-Intervenors.

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

October 31, 2011.

Attorney(s) appearing for the Case

David Eric Markert, David B. Weinberg, Eric Andreas, P. Nicholas Peterson, Wiley Rein LLP, Washington, DC, for Plaintiffs.

James Anthony Maysonett, Meredith Lisa Flax, United States Department of Justice, Washington, DC, Amanda Wilcox Goodin, Stephen Daniel Mashuda, Khushi K. Desai, Earthjustice, Seattle, WA, for Defendant-Intervenors.

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 (collectively "Federal Defendants") asserting violations of the Administrative Procedure Act, 5 U.S.C. § 701, et seq. ("APA") and the Endangered...

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