What is the test for affirming a decision of a federal agency on a ground that the agency did not use in making its decision?
MultiRegion, United States of America
The following excerpt is from Defenders of Wildlife v. Norton, 258 F.3d 1136 (9th Cir. 2001):
12. In general, "we cannot affirm the decision of an agency on a ground that the agency did not invoke in making its decision." Pinto v. Massanari, 249 F.3d 840, 847 (9th Cir. 2001).
12. In general, "we cannot affirm the decision of an agency on a ground that the agency did not invoke in making its decision." Pinto v. Massanari, 249 F.3d 840, 847 (9th Cir. 2001).
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