created doctrine of issue exhaustion. 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 (<HOLDING>). To the extent that AFRC is arguing that it
holding exhaustion requirement inapplicable when requiring exhaustion would be futile holding that excessive force claims are not subject to exhaustion requirement recognizing that issue exhaustion is a mandatory although not jurisdictional requirement recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different holding that issue exhaustion is mandatory even if not a statutory jurisdictional requirement