Does the Regional Office of the Environmental Protection Agency have jurisdiction to make a preliminary determination regarding the scope of retrieval permitted under the Emergency Response Plan?

As for the regional office's skepticism regarding the scope of retrieval permitted under the plans, "the fact that a preliminary determination by a local agency representative is later overruled at a higher level within the agency does not render the decisionmaking process arbitrary and capricious," as agencies are "fully entitled" to "change[] their minds . . . as long as the proper procedures were followed." Nat'l Ass'n of Home Builders v. Defs. of Wildlife, 551 U.S. 644, 659, 127 S.Ct. 2518, 168 L.Ed.2d 467 (2007). Such

[918 F.3d 631]