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4th Circuit declines to rule on merits of salmon BiOp

In a companion ruling to its March 2 decision that biological opinions are final agency actions subject to judicial review by federal district courts, the 4 th Circuit Court of Appeals denied a request by three registrants to issue a writ of mandamus directing the National Marine Fisheries Service to set aside its Nov. 18, 2008 biological opinion finding that chlorpyrifos, diazinon and malathion jeopardize the continued existence of endangered Pacific salmon and steelhead species.



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