Cluster 682705

See also Leather Indus. of Am., Inc . v. Environmental Protection Agency , 40 F.3d 392 , 403 (D.C.

See id. (“In defending the ... caps, the EPA suggests that because the ... caps do no more than offer land appliers an additional option, rather than impose a mandatory requirement, they should withstand review.

Agency, 40 F.3d 392 , 409 (D.C.

In this regard, Commerce had to “ ‘reason its way to a decision without pretending tha£ that decision reflected some degree of rational perfection....’” Mitsubishi, 22 CIT at-, 15 F.Supp.2d at 831 (quoting Fishermen’s Dock Co-op., Inc. v. Brown, 75 F.3d 164, 173 (4th Cir. 1996)). “ “Where the agency’s line-drawing does not appear irrational and the [plaintiff] has not shown that the consequences of the line-drawing are in any respect dire ... [the court] will leave that line…

Instead we held only that "a margin of safety must be rooted in an analysis of risk." 40 F.3d at 400.

Instead we held only that “a margin of safety must be rooted in an analysis of risk.” 40 F.3d at 400.

See Leather Indus. of Am., Inc. v. EPA, 40 F.3d 392 , 409 (D.C.Cir.1994) ("Where the agency's line-drawing does not appear irrational and the [plaintiff] has not shown that the consequences of the line-drawing are in any respect dire ... we will leave that line drawing to the agency's discretion."). 69 The Secretary placed a higher premium on historical participation and significant dependence, instead of focusing solely on present participation.

See Leather Indus. of Am., Inc. v. EPA, 40 F.3d 392 , 409 (D.C.Cir.1994) (“Where the agency’s line-drawing does not appear irrational and the [plaintiff] has not shown that the consequences of the line-drawing are in any *1073 respect dire ... we will leave that line drawing to the agency’s discretion.”).

See Leather Indus. of Am., Inc. v. EPA, 40 F.3d 392 , 406 (D.C.Cir.1994)(an agency has significant discretion where there is genuine scientific debate regarding the use of science underlying agency action).

See Marsh, 490 U.S. at 378 , 109 S.Ct. 1851 . 134 Conceding that the Preamble cites studies purporting to establish "a high correlation between the degree of development/urbanization and adverse impacts on receiving waters due to stormwater," 64 Fed.Reg. at 68,751, the Municipal Petitioners nevertheless contend that the record contains no "demonstrably correlated, quantified basis on which EPA may reasonably have concluded that any particular population, or any population de…

See Leather Industries of America v. Environmental Protection Agency, 40 F.3d 392 , 409 (D.C.Cir.1994) (“Where the agency’s line-drawing does not appear irrational and the [challenger] has not shown that the consequences, of the line-drawing are in any respect dire ... we will leave that line-drawing to the agency’s discretion.”); see also 1 Kenneth C.

See Leather Industries of America v. Environmental Protection Agency, 40 F.3d 392 , 409 (D.C.Cir.1994) ("Where the agency's line-drawing does not appear irrational and the [challenger] has not shown that the consequences of the line-drawing are in any respect dire ... we will leave that line-drawing to the agency's discretion."); see also 1 Kenneth C.

Thus, Amicis’ argument lends no help to CMS—it applied the wrong baseline. against a baseline of no expansion population, rather than the baseline of the Medicaid program as it then existed); see also Leather Indus. of Am., Inc. v. EPA, 40 F.3d 392 , 404–05 (D.C.

See, e.g., Leather Indus. of America, Inc. v. EPA 40 F.3d 392 , 403 (D.C.Cir.1994) (EPA’s reliance on assumptions arbitrary where record contained contradictory information).

See, e.g., Leather Indus. of America, Inc. v. EPA, 40 F.3d 392 , 403 (D.C.Cir.1994) (EPA’s reliance on assumptions arbitrary where record contained contradictory information).