context: See Pis.' Reply & Opp'n [ECF 41] ("AFRC MSJ Reply") 1, 7. AFRC cites four decisions from courts outside this circuit for the proposition that giving 60-day notice is the sole exhaustion requirement for an ESA claim; it also cites eight additional decisions purportedly holding that the 60-day notice requirements in other environmental citizen suit provisions similarly "override any prudential exhaustion requirement[s]."
citation_a.signal: see also
citation_a.parenthetical: recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different
citation_a.sentence: See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of the FIFRA remedy before seeking relief under the ESA”); Coal. for Sustainable Res., 48 F.Supp.2d at 1312 & n. 6 (plaintiff suing under ESA citizen suit provision was not required to go through “administrative adjudication process”); Ky. Heartwood, 20 F.Supp.2d at 1091 (stating that “exhaustion of administrative remedies is not a mandatory precondition to filing suit for a violation of the ESA” (emphasis added)); Silver, 924 F.Supp. at 987 (60-day notice in ESA citizen suit provision excuses plaintiffs from having to exhaust administrative remedies prescribed in agency’s regulations); see also Sims, 530 U.S. at 112, 120 S.Ct. 2080 (recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different).
citation_b.signal: see
citation_b.parenthetical: plaintiff suing under ESA citizen suit provision was not required to go through "administrative adjudication process"
citation_b.sentence: See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of the FIFRA remedy before seeking relief under the ESA”); Coal. for Sustainable Res., 48 F.Supp.2d at 1312 & n. 6 (plaintiff suing under ESA citizen suit provision was not required to go through “administrative adjudication process”); Ky. Heartwood, 20 F.Supp.2d at 1091 (stating that “exhaustion of administrative remedies is not a mandatory precondition to filing suit for a violation of the ESA” (emphasis added)); Silver, 924 F.Supp. at 987 (60-day notice in ESA citizen suit provision excuses plaintiffs from having to exhaust administrative remedies prescribed in agency’s regulations); see also Sims, 530 U.S. at 112, 120 S.Ct. 2080 (recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different).