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 In APA cases there is no exhaustion requirement in addition to the criteria under Section 704.

Section 10(c) of the APA bears the caption 'Actions reviewable.' It provides in its first two sentences that judicial review is available for 'final agency action for which there is no other adequate remedy in a court,' and that 'preliminary, procedural, or intermediate agency action . . . is subject to review on the review of the final agency action.' The last sentence of § 10(c) reads: 'Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration [see n. 1, supra ], or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.' 5 U.S.C. § 704. 

Whether courts are free to impose an exhaustion requirement as a matter of judicial discretion depends, at least in part, on whether Congress has provided otherwise, for 'of 'paramount importance' to any exhaustion inquiry is congressional intent,' McCarthy v. Madigan, ...

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