Given the strong presumption of administrative unreviewability until final administrative action, the statute's silence eon the question, combined with a jurisdictional grant over state actions create an inference of unreviwability until after final administrative decision.
As the agency decision takes effect prior to administrative appeal and the administrative appeal happens within an entirely separate proceeding, the agency decision is sufficiently final for statutory exclusive jurisdiction.
Rulemaking notice was sufficient; there is no requirement that notice requirements be set forth in a regulation; notice allowed interested parties to participate meaningfully in a process that was actually pending.
Agency approval conditioned on subsequent permit grant was not intrinsically arbitrary and capricious.
Whether or not a Takings Clause claim can arise under the statute, there is sufficient remedy in the existing appeals process.
Statute and APA allow court to consider pendent claims arising from the state constitution.
http://www2.ca3.uscourts.gov/opinarch/162211p.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.