JR: are there going to be orders and licenses wrt redesign? Contracts? DOJ: might be and those things would be challengeable. Changing a hole, changing a bunker — JR: back to my question (about APA precedent, Whitman)

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DOJ: we don’t read cases like statutes JR: name for me one case w narrow view you’re proposing today DOJ: we cite 2 that say not everything agency does is within scope of APA JR: heated agreement

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JR: a case with as narrow a construction as you’re proposing today under which tearing down historical landmark and building back up isn’t covered as agency again? DOJ: don’t have JR: anywhere in ballpark? DOJ: best I can do is cases in brief. Don’t have in front of me

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He is now citing to briefs

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JR says she and counsel are in “heated agreement” about courts and public not micromanaging the government, A+

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