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 Agencies certainly have a good deal of discretion in expressing the basis of a rule, but the agencies do not have quite the prerogative of obscurantism reserved to legislatures. 'Congress did not purport to transfer its legislative power to the unbounded discretion of the regulatory body.' F.C.C. v. RCA Communications, Inc., 346 U.S. 86, 90, 73 S. Ct. 998, 97 L. Ed. 1470 (1953) (Frankfurter, J.). As was said in Environmental Defense Fund, Inc. v. EPA, 150 U.S. App. D.C. 348, 465 F.2d 528, 540-51 (1972): 'We cannot discharge our role adequately unless we hold EPA to a high standard of articulation. Kennecott Copper Corp. v. EPA, . . . 149 U.S. App. D.C. 231, 462 F.2d 846 (1972). 


As for the test of adequacy of the 'concise general statement' courts do not expect the agency to discuss every item of fact or opinion included in the submissions made to it in informal rulemaking. Courts do expect that, if the judicial review which Congress has thought it important to provide is to be meaningful, the 'concise general statement of . . . basis and purpose' will enable us to see what major issues ...

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