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Fish Activists Lose Importation Challenge

     (CN) – Federal agencies have discretion over their enforcement of a ban on the importation of endangered species, the Federal Circuit ruled.




     The Salmon Spawning & Recovery Alliance and two other fish-friendly groups sued the U.S. Customs and Border Protection and several other federal agencies for failing to stop endangered Western salmon and steelhead from being imported from Canada.
     Judge Gajarsa upheld the ruling of the district court, which dismissed the claim for lack of subject matter jurisdiction.
     “An agency’s decision not to undertake enforcement actions is presumptively unreviewable under the Administrative Procedure Act,” Gajarsa wrote.

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