Dow AgroSciences LLC v. Nat'l Marine Fisheries Serv.

摘要

National Marine Fisheries Service must reconsider Endangered Species Act bio- logical opinion issued for proposed rereg-istration of three pesticides under Federal Insecticide, Fungicide, and Rodenticide Act, because: (1) judicial review of challenged agency actions is limited to review of administrative record, (2) in opinion service failed to explain or provide rational basis for why it used annual 96-hour pesticide exposure assumption in evaluating jeopardy to listed fish species, (3) without explanation in opinion service chose to use outdated water monitoring data instead of available updated data, and (4) service failed to address required economic feasibility analysis of its recommended reasonable and prudent alternative of uniform water body buffer zones.