UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 5 of 64provides:12. This Court has jurisdiction and venue pursuant to the MMPA whichAny applicant for a permit ... may obtain judicial reviewof the terms and conditions of any permit issued by theSecretary under this section or of his refusal to issue suchpermit. Such review, which shall be pursuant to chapter7 of Title 5, may be initiated by filing a petition forreview in the United States district court for the districtwherein the applicant for the permit resides, or has hisprincipal place of business ... within sixty days after thedate on which such permit is issued or denied.”16 U.S.C. §1374(d)(6). Georgia Aquarium has its principal place of businesswithin this district and this action is filed within 60 days of the denial of the permit.13. This Court also has jurisdiction pursuant to the APA which providesthat final agency action is subject to judicial review. 5 U.S.C. §§701-706.Defendants’ denial of Georgia Aquarium’s permit application is an “agencyaction” subject to judicial review under the APA.14. This Court also has jurisdiction pursuant to 28 U.S.C. §1331 whichgrants the district courts “original jurisdiction of all civil actions arising under the... laws ... of the United States,” and 28 U.S.C. §1361 which grants the districtcourts “original jurisdiction of any action in the nature of mandamus to compel anofficer or employee of the United States or any agency thereof to perform a dutyowed to the plaintiff.”5