Service and FAA together — of its obligation not to promulgate a rule that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A). The FAA does not dispute this point, or the Coalition’s right to challenge the definition on those grounds before this court. See Oral Arg. Tr. at 111-13. Moreover, in determining whether the Final Rule is arbitrary or capricious, we may consider only the regulatory rationale actually offered by the agency during the development of the regulation, and not the post-hoc rationalizations of its lawyers. See Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 420, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971); SBC Communications, Inc. v. FCC, 138 F.3d 410, 418 (1998); see also Bangor, 78 F.3d at 662 (<HOLDING>). Hence, although the FAA would not have
holding that the record supported the district courts award of damages holding that the ferc licensing requirement would have to be supported by the record before the agency holding that judgment may be affirmed on any ground supported by the record holding that judgment may be affirmed on any ground supported by record holding that a remand on a claim that could not be supported by the record would be a waste of judicial resources