Q: What do you understand by Finality?
Finality
-To determine if it’s final (1) agency completed process; and (2) process had legal effect (Dalton v. Specter (1994): decision to close bases not final b/c nothing happened without presidential approval)
-Finality is established on basis of inaction (just need to show immediate harm AND end of agency process) (See D.C. Circuit DDT cases: EDF asked EPA to cancel licenses for and suspend all use of DDT)
-So doesn’t always require change in legal position (See also AMP v. Gardner – review on whether product was drug or device)
-Solomon amendment litigation – DOD said we think you’re in violation but wouldn’t make finding
-court said final – failure to act does not prevent you from having finality
-tobacco case (NEED name) – release of information not coercive act because didn’t change rights
Are you a lawyer? Or, do you just knoooow the answer?
We have located some similar legal questions and legal question categories. Check out these challenging questions that askquestions about Constitutional Law and are similar to What do you understand by Finality?. Also, we have included a list of some of our more popular legal question categories. These categories are based on what everyone is asking and answering.
Similar Legal Questions
- What are the Preliminary Objections to Reviewability?
- What are the Preliminary Objections to Review?
- What does the term Exhaustion mean?
- What is FDA?
- Which three classes of devices has FDA created?
- What is meant by Ripeness?
- Describe the Drug Approval Process.
- What is the Relationship between FDA, companies, physicians, and patients?
- What are the different Claim Formats?
- Why is non-enforcement/inaction presumptively unreviewable?
What's Your Answer to "What do you understand by Finality?"