The following excerpt is from General Atomics v. U.S. Nuclear Regulatory Com'n, 75 F.3d 536 (9th Cir. 1996):
Judicial review of an agency's jurisdiction should rarely be exercised before a final decision from the agency. "It is well established in administrative law that before a federal court considers the question of an agency's jurisdiction, sound judicial policy dictates that there be an exhaustion of administrative remedies." Marshall v. Burlington Northern, Inc., 595 F.2d 511, 513 (9th Cir.1979). This exhaustion doctrine requires that "an agency be accorded an opportunity to determine initially whether it has jurisdiction." Id. This court will intervene prior to an agency's determination of jurisdiction only when three requirements are met: "(1) there is clear evidence that exhaustion of administrative remedies will result in irreparable injury; (2) the agency's jurisdiction is plainly lacking; and (3) the agency's special expertise will be of no help on the question of its jurisdiction." Id.
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