Question juridique clé
Whether the Federal Supreme Court could review the merits of the refusal to enter into the reexamination request.
Solution extraite
Only the lawfulness of the refusal to enter into the reexamination request could be reviewed; the merits of the original 2005 permit decision were not open again.
Motifs extraits
When an authority refuses to enter into a reconsideration request, review is limited to that refusal. Challenges to the earlier balancing of interests and factual assessment are inadmissible.