A new FDA rule requires companies using color additives in cosmetics to give FDA inspectors "free access" to their proprietary formulas. If a manufacturer does not comply. the FDA can temporarily halt its certication services for that company. Several manufacturers have challenged the rule, although it has not yet been applied to anyone in particular. Judge Rudy believes that further development of the facts in the context of a specic enforcement proceeding might aid judicial leview. What doctline should Judge Rudy's Order fol Dismissal specify as the basis for her decision, and why