Opinion
No. 07-1055.
Filed On: August 10, 2007.
BEFORE: Sentelle, Rogers, and Brown, Circuit Judges.
ORDER
Upon consideration of the order to show cause issued May 18, 2007, the response thereto, and the supplement, it is.
ORDERED that the order to show cause be discharged. It is.
FURTHER ORDERED that the petition for review be dismissed. Petitioner seeks review of agency decisions declining to hold hearings on petitioner's opposition to the registration of new importers of narcotic raw materials. These decisions are subject to review only if they constitute final agency actions. See John Doe, Inc. v. DEA, 484 F.3d 561, 565 (D.C. Cir. 2007). The decisions are not final, as they did not resolve the question whether to register new importers and they have no "direct and immediate effect on [petitioner's] day-to-day business." Id. at 566 (internal quotation marks omitted); cf. Ciba-Geigy Corp. v. EPA, 801 F.2d 430, 438-39 (D.C. Cir. 1986) (holding that agency's refusal to conduct proceedings requested by pesticide manufacturer amounted to final agency action, in part because refusal was accompanied by regulatory action requiring manufacturer to incur new costs).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.