Recent court documents show the Department of Education position is «The fact that plaintiffs may have relied upon the individual ECF [Employment Certification Forms] responses they received, though unfortunate, does not make any consequences that flow from that reliance legal consequences for purposes of establishing final agency action.» (usstudentloancenter.org)
Provided that written determination did constitute final agency action, and provided that requests for proposals and contract awards were not subject to challenge under the Administrative Procedure Act. (atra.org)
Second, that assertion of jurisdiction under the CWA is final agency action under the APA and case law, because the decision marks the consummation of the agencies» decision - making, and the decision has legal and practical consequences. (nar.realtor)