Preliminary Objections to Review
-    Is action final (as required by APA  704)?
-    1) agency completed process AND 2) process had legal effect
-    release of information not final action because no coercive effect (Flue-Cured Tobacco)
-    inaction can be final
-    need to show 1) immediate harm and 2) end of process (D.C. Circuit DDT Cases)
-    doesn’t require change in legal position (AMP v. Gardner – review on whether drug or device)
-    Is the action ripe?
-    issues are fit for judicial review AND party seeking review would suffer hardship if review delayed until enforcement (Abbott Labs)
-    Compare Toilet Goods – enforcement would clarify scope of regulation and will not cause plaintiffs to risk serious penalties
-    Ohio Forestry v. Sierra Club – regulations that made logging more likely but did not authorize meant issue not ripe
-    Has P exhausted administrative remedies? ( 704; Myers v. Bethlehem Shipbuilding)
-    sometimes not enforced for fairness concerns (See McKart v. United States)
-    not required to exhaust when question is constitutionality of process (Mathews v. Eldridge)
-    only need to exhaust as far as statute says (Darby v. Cisneros)
-    Is action moot?
-    not moot unless behavior is not reasonably likely to occur (Laidlaw)
-    voluntary cessation is not enough
-    exception if claim is “capable of repetition yet evading review” (Doe v. Sullivan)