In general, parties may challenge agency actions in court only when these actions are “final.” The final agency action requirement (FAAR) has spawned considerable litigation at both the state level and the federal level. Please respond to the following questions: What makes an agency’s action “final”? That is, what are the principal elements of the FAAR as developed by the courts? Is the FAAR itself a worthwhile doctrine and are its elements sound? If “yes,” why? If “no,” why not and what changes should be made?
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