The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if the following conditions are met except:

a. the agency's action was approved by its Congressional oversight committee b. the agency has established a factual basis that is in the agency's record
c. a reasonable person could reach the same judgment as the agency on the basis of the agency's record d. the agency has sufficiently explained the facts and its policy concerns
e. all of the other choices are necessary


a

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