I don't agree with that view.
Public comment period ends on Friday.
Then it will take the DEA at least 20 days to digest and summarize the comments and to prepare and publish the final rule. Sometimes this step takes as much as 60 days. So the final rule could be published anytime between February 7 and March 19.
Then it is an open question as to whether Eisai gets the waiver. If they do, the final rule will take effect immediately and launch can go ahead. If they don't, then add another 30 days.
Any legal analysis I post may not be relied upon by anyone for any
purpose. If you want legal advice you can rely on, hire a lawyer.
Federal District Courthouse, Newark