as it seems to be at odds with FTC v. Standard Oil Company, 449 U.S. 232, 242, 101 S.Ct. 488, 66 L.Ed.2d 416 (1980), in which the Supreme Court held that regulatory proceedings before an agency are "different in kind and legal effect from the burdens attending what heretofore has been considered to be final agency action.” Along the same lines, a more recent decision of the Court of Appeals for the Ninth Circuit suggests that "costs of statutory compliance,” such as the costs of undergoing permitting proceedings, must be borne by the private party and do not render an agency decision "final” for purposes of judicial review. Fairbanks N. Star Borough v. U.S. Army Corps of Eng’rs, 543 F.3d 586, 596 n. 11 (9th Cir.2008) (contrasting Hecla Mining Co. v. EPA, 12 F.3d 164 (9th Cir.1993) (<HOLDING>), with Hawaiian
holding fda seizure action did not constitute final agency action holding that epa regions policy statement does not constitute final agency action because it does not compel action holding a rod to be final agency action holding that epa action initiating permitting proceedings was not final agency action holding issuance of administrative complaint to initiate proceedings not final agency action