Full opinion text
MEMORANDUM OPINION REGGIE B. WALTON, United States District Judge The legal battle in this case traces its roots to a historical battle over organized labor. In late August and early September 1921, Blair Mountain, located in Logan County, West Virginia, played host to an armed conflict between coal miners and strikebreakers. This battle, known as the Battle of Blair Mountain, is the largest armed labor conflict in United States history. The Battle of Blair Mountain was the culmination of a labor union’s unsuccessful years-long struggle to unionize miners in southwestern West Virginia coalfields, as well as to liberate miners living under martial law. As the miners marched toward Mingo County, they encountered 3,000 strikebreakers forming a miles-long defensive front across Spruce Fork Ridge on Blair Mountain. The strikebreakers entrenched themselves, dropped homemade bombs, and 'opened fire from mounted ma-chineguns. The miners returned fire and the battle raged on for several days, causing numerous casualties. The miners surrendered upon the . arrival of federal troops. The site of the battle is known as Blair Mountain Battlefield (“Blair Mountain”). The legal 'battle before the Court arises from the efforts of various environmental and historical preservation organizations (“Organizations”) to preserve Blair Mountain, including protecting it from surface coal mining. After decades of setbacks, their efforts, recently paid dividends; the Keeper of the National Register of Historic Places (“Keeper”) listed Blair Mountain on the National Register of Historic Places (“National Register”). But the Organizations’ success was short-lived. At the urging of coal companies owning land on Blair Mountain, the Keeper delisted Blair Mountain from the National Register. Thereafter, the Organizations instituted this lawsuit to challenge the Keeper’s decision to delist Blair Mountain. The Organizations are: Sierra Club;'Ohio Valley Environmental Coalition; Friends of Blair Mountain, Inc.; West Virginia Labor History Association; National Trust for. Historic Preservation in the United States; and West Virginia Highlands Conservancy. The Court refers to these Organizations collectively as “the plaintiffs.” The plaintiffs assert a claim under the Administrative Procedure Act (“APA”), alleging that the Keeper’s decision “was arbitrary, capricious, [and] an abuse of discretion.” Am. Compl. ¶ 1, ECF No. 11; see also 5 U.S.C. § 706(2)(a) (2012). In support of their APA claim, the plaintiffs allege that the Keeper’s delisting decision was “contrary to the regulations” that implement the National Historic Preservation Act (“Preservation Act”), 16 U.S.C. § 470 et seq. (2006). The plaintiffs named the following parties as defendants: Ken Salazar, in his official capacity as Secretary of the United States Department of the Interior; the United States Department of the Interior; Jon Jarvis, in his official capacity as Director of the National Park Service; and Carol Shull, in her official capacity as Keeper of the National Register of Historic Places. Unless otherwise noted, the Court refers to the defendants hereafter collectively as “the Keeper.” Pending before the Court are the plaintiffs’ Motion for Summary Judgment (“Pis.’ Mot. for Summ. J.”), ECF No. 24-1, and the Keeper’s Cross-Motion for Summary Judgment (“Defs.’ Cross-Mot. for Summ. J.”), ECF No. 28. Upon careful consideration of the parties’ submissions and the entire record in this case, the Court concludes that it must grant the plaintiffs’ Motion for Summary Judgment and deny the Keeper’s Cross-Motion for Summary Judgment. I. BACKGROUND A. Statutory and Regulatory Framework The Preservation Act authorizes the Secretary of the Interior (“Secretary”) “to expand and maintain a [National Register] composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture.” 16 U.S.C. § 470a(a)(l)(A) (2006). To this end, the Preservation Act directs the Secretary to establish ... criteria for properties to be included on the National Register and ... [to] promulgate regulations as may be necessary for [the following pertinent purposes]— (A) nominating properties for inclusion in, and removal from, the [Register] and the recommendation of properties by certified local governments; (C) considering appeals from such recommendations, nominations, removals, and designations (or any failure or refusal by a nominating authority to nominate or designate); ... (F) notifying the owner of a property, ... and the general public, when the property is being considered for inclusion on the National Register, for designation as a National Historic Landmark .... Id. § 470a(a)(2). Additionally, the Preservation Act requires the Secretary to promulgate regulations allowing property owners in a district that may be included on the Register to concur in, or object to, the inclusion. Specifically, the Preservation Act provides: [Bjefore any property or district may be included on the National Register or designated as a National Historic Landmark, the owner or owners of such property, or a majority of the owners of the properties within the district in the case of [a] historic district, shall be given the opportunity ... to concur in, or object to, the nomination of the property or district for such inclusion or designation. Id. § 470a(a)(6). Generally, the Preservation Act prohibits the inclusion of the district on the Register if a majority of the owners within the district object to the inclusion. More specifically, the Act states:' If the owner or owners of any privately owned property, or a majority of the owners of such properties within the district in the case of [a] historic district, object to such inclusion or designation, such property shall not be included on the National Register or designated as a National Historic Landmark until such objection is withdrawn. Id. The Preservation Act also contemplates a role for states in carrying out its objectives. Pertinently, the Act directs the Secretary to promulgate regulations providing for the “designation and appointment ... of a ‘State Historic Preservation Officer.’ ” Id. § 470a(b)(l)(A). Under the Preservation Act, the State Historic Preservation Officer (“State Agency”) has the “responsibility” to “identify and nominate eligible properties to the National Register and otherwise administer applications for listing historic properties on .the National Register.” Id. § 470a(b)(3)(B). In turn, the Preservation Act authorizes states to delegate responsibility to local governments to help determine whether inclusion in the National Register is appropriate: Under § 470a(c)(l), the State Agency “shall provide a mechanism for the certification ... of local governments to carry out the purposes [of the Preservation Act].” “The regulations governing the procedures for [including] properties on the National Register are set forth at 36 C.F.R. pt. 60.” Moody Hill Farms Ltd. P’ship v. U.S. Dep’t of Interior, 205 F.3d 554, 556 (2d Cir.1999). Generally, the regulations divide the inclusion process into two stages: nomination and listing. As further explained below, nomination is the process by which the State Agency selects property for potential inclusion in the National Register.. See 16 U.S.C. § 470a(a)(2)(A) (2006). Listing, by contrast, refers to the addition of “[n]ominations ... submitted by the [State Agency] and approved by the [Keeper]” for inclusion in the National Register. See 36 C.F.R. § 60.1(b)(3) (2015). Regarding the nomination component of the statute, the State Agency “is responsible for identifying and nominating eligible properties to the National Register.” Id. § 60.6(a). The State Agency “shall consult with local authorities in the nomination process.” Id. § 60.6(b). Such consultation includes providing “notice of the intent to nominate a property and [soliciting] written comments especially on the Significance of the property and whether or not it meets the National Register criteria for evaluation.” Id. The regulations implement a scheme of notice regarding the nomination. Under 36 C.F.R. § 60.6(c),' “[a]s part of the nomination process, [the State Agency] is required to notify in writing the property owner(s) ... of the [State Agency’s] intent to bring the nomination before the State Review Board.” 36 C.F.R. § 60.6(c) (2015). “The list of owners shall be obtained from either official land recordation records or tax records, whichever is more appropriate, within [ninety] days prior to the notification of intent to nominate.” Id. “For a nomination with more than [fifty] property owners, ... [the Slate Agency] shall provide general notice to property owners concerning the [State Agency’s] intent to nominate.” Id. § 60.6(d). “The general notice shall be published at least [thirty] days but not more than [seventy-five] days before the State Review Board meeting ....” Id. Further, the general notice must “provide an opportunity for the submission of written comments and provide [a majority of owners] of private property ... an opportunity to concur in or object in writing to the nomination.” Id. In addition, the regulations provide a process for objecting to the nomination. Under 36 C.F.R. § 60.6(g), “[u]pon notification, any owner or owners of a private property who wish to object shall submit to the [State Agency] a notarized statement certifying that the party is the sole or partial owner of the private property ;.. and objects to the listing.” “In nominations with multiple ownership ... of districts, the property will not be listed if a majority of the owners object to [the] listing.” Id. Generally, the regulations require the State Agency to determine whether a majority of owners have objected to the nomination. Under 36 C.F.R. § 60.6(g), “[u]pon receipt of notarized objections respecting a district ... with multiple owners, it is the responsibility of the [State Agency] to ascertain whether a majority of owners of private property have objected.” “If an owner whose .name did not appear on the list certifies in a written notarized statement that the party is the sole or partial owner of a nominated private property!,] such owner shall be counted by the [State Agency] in determining whether a majority of owners [have] objected.” Id. “If the ... majority of [private property] owners for a district ... have objected to the nomination prior to the submittal of a nomination, the [State Agency] shall submit the nomination to the Keeper only for a determination of eligibility .... ” Id. § 60.6(h) (emphasis added). Further, the regulations govern the approval of a nomination by the State Agency and State Review Board (“Board”). Pursuant to 36 C.F.R. § 60.6(j), “Completed nomination forms ... and comments concerning the significance of a property and its eligibility for the National Register are submitted to the [Board].” Upon receipt of these documents, “[t]he [Board] shall determine whether or not the property meets the National Register criteria for evaluation and make a recommendation to the [State Agency] to approve or disapprove- the nomination.” Id. The regulations also provide that “[nominations approved by the [Board] and comments received are then reviewed by the [State Agency] .... ” Id § 60.6(k).- If the State Agency “finds the nominations "to be adequately documented and ... procedurally correct ..., the nominations are submitted to the [Keeper].” Id. “Notice will [then] be provided in the F[ederal] Register] that the nominated property is being considered for listing in the [National Register] Id. § 60.6(q). Nominations so received by the Keeper are “included in the National Register within [forty-five] days of receipt by the Keeper” unless otherwise prohibited. Id. § 60.6(r). Specifically, such nominations are not included in the National Register if “the Keeper disapproves a nomination, an appeal is filed, or ... the majority of [private property] owners ... object[ ] by notarized statements received by the Keeper prior to [the] listing.” Id. Parties may appeal the State Agency’s nomination of private property to the Keeper. Pursuant to the regulations, prior to a listing in the National Register, “[a]ny person or organization which supports or opposes the nomination ... may petition the Keeper during the nomination process either to accept or reject a nomination.” Id. § 60.6(t). “Such petitions- received by the Keeper prior to the listing of a property ... will be considered by the Keeper and the nomination will be substantively reviewed.” Id. Parties may also appeal the listing of a property in the National Register. Pursuant to 36 C.E.R. § 60.15(c), “[a]ny person or organization may petition in writing for removal of a property from the National Register by setting forth the. reasons the property should be removed on the grounds established in paragraph (a) of this section.” Importantly, paragraph (a) provides that properties may be removed from the National Register for “[prejudicial error in the nomination or listing process.” Id. § 60.15(a)(4). “Properties removed from the National Register for procedural error shall be considered for listing by the Keeper after correction of the error or errors by the [State Agency], ... - or by the" Keeper,-as appropriate.” Id. “The procedures set forth for nominations shall be followed in such reconsidera-tions.” Id. B. Factual and Procedural History The State Agency “nominated Blair Mountain ... for listing in the National Register [several] times from 1980 to 2008.” Defs.’ Cross-Mot. for Summ. J. at" 7; see Pis.’ State, of Mat. Facts ¶ 11. For reasons not specified in the record, these efforts were unsuccessful. See Pis.’ State, of Mat. Facts ¶¶ 11-18. The tide turned when, on January 13, 2009, Susan Pierce, on behalf of the State Agency, wrote a letter to the Keeper, A.R. at 180-81, stating that “[t]he enclosed nomination has been reprocessed in accordance with [the Preservation Act’s implementing regulations],” A.R. at 180. Additionally, Pierce stated that “John Dalporto, Senior Assistant Attorney General of the West Virginia Attorney General’s Office, conducted property owner research in the tax records at the Logan County courthouse on October 24, 2008.” Id. Pierce further stated that “[a] legal notice was ... placed in the local newspaper, the Logan Banner, on November 24, 2008[,] notifying the property owners of their right to object to [the] listing and/or comment on the nomination.” Id. Pierce also stated that “[t]he legal notice ... notified property owners that any objections filed to previous submissions of 2005'and 2008 nominations would be considered for this nomination if the current property owners for that parcel remained the same and if the parcel remained within the current boundary.” Id. In the same letter, Pierce discussed how the State Agency calculated the number of property owners and objectors in the district at issue in Logan County. Pierce wrote that if “we count only property owners that appear on the current [ 3 .list [of Dalporto], there are a total of [sixty-six] property owners with [twenty-five] objections filed with our office.” A.R. at 181; see also A.R. at 180. Pierce also referenced “2005 or 2007-generated property owner lists” and a “list of [thirty-nine] objections with attached notarized affidavits” submitted by “Jackson[ ]Kelly.” A.R. at 180. Pierce stated that, although “[a] number of the property owners included on Jackson[]Kelly’s List no longer appear on [Dalporto’s] list,” the State Agency “counted them as property owners and have counted their objections.” A.R. at 181. According to Pierce, “[b]ased on this scenario, there are a total of [seventy-five] property owners and [thirty-three] property owners who have filed objections.” Id. Pierce added that, “in both instances, [the State Agency] has determined that a majority of property owners have not filed objections.” Id. Therefore, Pierce stated that “this current nomination [was] being forwarded to [the Keeper] for [its] review and consideration.” Id. On February 27, 2009, Blair M. Gardner, an attorney with Jackson Kelly, filed a petition with the Keeper appealing the nomination. A.R. at 236^2. In pertinent part, Jackson Kelly objected to the nomination on the ground that “a majority of the property owners within what the [State Agency] now describes as the boundary proposed for the district object to the listing.” A.R. at 236. Gardner represented that an entity named “Arch Coal ... digitally recreated the boundary drawing provided by the [State Agency] on a [U.S. Geological Survey] topographical map.” A.R. at 238. Gardner further stated that, “[b]ased upon the map prepared by Arch, we identified a list of tracts, in Tax Map and Parcel number format, found in the proposed historic District boundary.” Id. According to Gardner, based on this information, Jackson Kelly “determined the individuals who are currently listed as the owners of those various parcels.” Id. Gardner added that, “[b]ased on this identification!,] we prepared our own owners’ list ....’’Id. Based on the foregoing research, Gardner stated that Jackson Kelly “found three types of errors with the [State Agency’s April 2008] List.” A.R. at 238. According to Gardner, these errors were the following: (1) “some of the tax parcels claimed by the [State Agency] as being affected by the proposed historic District actually fell outside the boundary of the proposed historic District ..., which led to a change in net ownership”; (2) “various tax parcels fell inside the boundary of the proposed historic District which the [State Agency] had not recognized as being part of the proposed historic District ..., which led to a change in net ownership”; and (3) “some of the owners on the [State Agency] List were not the actual owners of the corresponding tax parcels.” A.R. at 238-39. Gardner “enclosed [a] color-coded spreadsheet” with his February 27, 2009 letter. A.R. at 239, 1231-35. The spreadsheet delineated the parcels at issue in “yellow,” “green,” and “red.” A.R. at 239. In general, these colors purport to correspond to the alleged three errors enumer-áted above. See A.R. at 239, 1231-35. Based on the calculations set forth in the spreadsheet, Gardner represented that there are “[sixty-four] owners” and that “[thirty-four] of those owners have noted their objection.” A.R. at 240. Alternatively, Gardner added, “[i]f the [State Agency] List containing [sixty-eight] owners is accepted as correct, [thirty-eight] of the owners object to the proposed designation.” Id. Gardner went on to explain what he considered to be the “problem in the methodology that the [State Agency] has followed” in calculating “its October 2008 list [of] ... [seventy-five] property owners.” Id. at 239. According to Gardner, “[t]he process of determining property ownership is two-fold.” Id. On this point, Gardner asserted that “[o]ne first must ascertain what parcels fall within, completely or partially, the boundary set by the nomination.” Id. Gardner wrote that the State Agency “has chosen to rely entirely upon the use of tax parcel maps for the purpose of identifying discrete parcels.” Id. Gardner added that “[t]he use of tax maps for this step is appropriate.” Id. “Second,” Gardner stated, “once the parcels are established, who owns the parcels must be determined.” Id. Gardner represented that the State Agency “assumed, without justification, that the tax records may be used to validate ownership.” Id. “This is wholly incorrect,” according to Gardner. From Gardner’s perspective, “[o]nly land records can be used to validate property ownership.” Id. On March 13, 2009, Barbara Wyatt, a historian at the Keeper, emailed the State Agency. A.R. at 270. In light of the information provided by Gardner, Wyatt stated that the Keeper’s “Paul Loether requests that ... Pierce send a signed letter to him confirming that the boundaries and property owners list [are] reconciled and accurate.” Id. On March 26, 2009, Pierce responded to Loether by letter. A.R. at 282-83. Pierce stated that the State'Agency “reviewed the boundary overlay.” Id. at 282. Further, Pierce stated that the State Agency’s geographic information system coordinator, Tami Koontz, “digitized the boundary in July 2008 and overlaid the boundary sha-pefile on to tax maps received electronically from ... the West Virginia State Tax Department.” Id. According to Pierce, “[t]o verify that the overlay was projected correctly, Ms. Koontz recently forwarded the information to Jennings Starcher, [geographic information system] Manager at the West Virginia Office of Emergency Service and President of the WV Association of Geospatial Professionals.” Id. “Mr. Jennings,” Pierce continued, “concurs with Ms. Koontz’ boundary overlay.” Id. Furthermore, Pierce questioned of the accuracy of the list of property owners that Jackson Kelly submitted with its February 27, 2009 letter. Pierce stated that “they appear to have compared their research with an outdated property owner list (perhaps that compiled in December 2007), rather than the most recent list prepared in October 2008 by ... Dalpor-to.” Id, Therefore, Pierce characterizes “the discrepancies they outline ... [as] inaccurate.” Id. Further, Pierce questioned the accuracy of Jackson Kelly’s boundary map. Id. “Such errors,” according to Pierce, “may account for the difference in number of acres, as well as additional parcels.” Id. Despite the alleged inaccuracies in Jackson Kelly’s calculations, the State Agency recalculated the property owner list. “Based on the property owner list provided to us by ... Dalporto in October 2008,” Pierce stated, “we have determined that less- than fifty percent of the property owners have objected —” Id. Pierce added that, “[s]ince some property may have indeed changed owners in recent months[,] we recalculated the numbers using Jackson[ JKelly’s ‘yellow’ list ... and still arrived at less than fifty percent of objections (57/22 ...).” A.R. at 282-83. Pierce’s March 26, 2009 letter included a chart that purports to explain its recalculation of the list of property owners. The chart reflects the following: A.R. at 284. On the day following the issuance of the March 26, 2009 letter, the Keeper asked the State Agency to “choose only one of the four lists.” A.R. at 321. In response, in a March 30, 2009 letter from Pierce to Paul Loether, an employee of the Keeper, Pierce stated that “[ojur office determined that the most logical choice was the list calculated on March 26, 2009 ([fifty-seven] owners/[twenty-two] objections).” Id. Pierce reasoned that “[tjhis list excludes all previous objectors that do not appear on the most recently researched property owned list (October 2008).” Id. Further, Pierce wrote that “[ijt includes, however, the property owners that appear on Jackson[ JKelly’s ‘yellow list’ .Id. In the same letter, Pierce informed the Keeper of the State Agency’s decision to increase the number of objectors. Id. Pierce wrote that ah archaeologist for the Keeper “requested that we recalculate that list considering an additional eight objections that [they] received since Friday, March 27, 2009.” Id. Of these eight objections, the State Agency “added three objections to the property owner list[,J including those from Bonnie Craddock, Samuel E... Craddock, and NRP (Operating) LLC.” Id. The State Agency excluded the other five because, in its words, “they do not appear as owners on the most recently researched property owner list (October 2008) and were not included in Jackson[jKelly’s ‘yellow list.’” A.R, at 322. Additionally, Pierce stated that “[s]ince each of these three appear on the property owner list[,] the total number of property owners does not change.” A.R. at 321-22. However, Pierce further stated that “the number of objections increases to [twenty-four] (NRP was already included in the count as WPP LLC).” A.R. at 322. “Thus,” Pierce concluded, “the total number of property owners is [fifty-seven] and the total number of objections is [twenty-four].” Id. Subsequently, on March 30, 2009, the Keeper listed Blair Mountain in the National Register. See A.R. at 224; Pis.’ State, of Mat. Facts ¶ 50. Evidently, on April 1, 2009, Gardner emailed the Keeper and the State Agency. See A.R. at 352. In response to Gardner’s email, the State Agency “re-reviewed the attachments to the'February 27, 2009 letter from Mr. Gardner — ” Id. On April 6, 2009, Randall Reid-Smith, the actual West Virginia State Historic Preservation Officer, wrote Loether, stating that the State Agency’s “re-review” revealed “additional objections that were unintentionally overlooked in our original count.” Id. Nonetheless, he stated that “[t]he total number ... remained] at [fifty-seven][,] .... [t]he total number of objections increase[d] from [twenty-two] to [thirty].” “Therefore,” Réid-Smith added, the State Agency requested “that the Keeper consider Blair Mountain .., as determined eligible for, rather than listed in, the [Register].” Id. The Keeper asked the State Agency to justify its about-face. See A.R. at 421. More specifically, the Keeper requested “letters of objection that were not counted, in error, when Blair Mountain •... was nominated to the National Register.” Id, The Keeper added that, “[i]f we concur that there was a procedural error in the nomination process, the property will be removed from the National Register and determined eligible, as specified by the regulations.” Id. Pierce responded by letter on April 29, 2009, A.R. at 426-27, stating that the State Agency failed to receive seven of the eight objection letters in question because they were attached to Jackson Kelly’s February 27, 2009 letter, which the State Agency allegedly did not receive, A.R. at 426. Pierce further stated that the State Agency received the eighth letter on March'7, 2008. Id. Then, on May 21, 2009, the State Agency sent the Keeper a spreadsheet itemizing “property owners and objections,” which listed fifty-seven owners and thirty objections. AR. at 464. On June 12, 2009, Barbara Wyatt, an employee of the Keeper, emailed the State Agency, asking for help “reconciling” apparent discrepancies between the list of owners and objections. A.R. at 487. For instance, Wyatt noted that “Nellie Crad-dock ha[d] signed a letter for Corbet Crad-dock.” Id. Then Wyatt asked, “Do you have a copy of the power of attorney?” Id. On June 15, 2009,- Erin Riebe, also an employee of the Keeper, responded by email, answering “No.” Id. Wyatt followed up with an email to Riebe on June 16, 2009, asking among. other questions she posed: “Why do you believe the letter of objection signed by Dollie Jeffrey is the owner by the name of Dessie Jeffrey?” A.R. at 491. Riebe responded that they “considered [it] on face value based on [the] representation by Jackson[ ]Kelly” on a chart attached to a March 7, 2008 letter. Id. Riebe added that they “assumefd] the notary confirmed . the correct. identification.” Id. On July 3, 2009, Loether responded to Reid-Smith’s April 6, 2009 letter concerning uncounted objections. A.R. at 502-03. Loether stated that, “[b]ased on the information you provided, particularly the property owners and objections.list dated May 21, 2009, we concur with your determination that more than [fifty percent] of the owners objected to the National Register listing and, therefore, the property should be ‘considered eligible’ for listing in the National Register [ ] rather than listed in the National Register.” A.R. at 502. However, Loether declared that “the objection submitted by Loretta White cannot be counted, because she has a life estate in a property, rather than fee simple ownership.” Id. “Nevertheless,” Loether continued, “[twenty-nine] objections constitute more than [fifty percent] of the [fifty-seven] owners ....” Id. Loether added, “[w]e consider the erroneous counting to constitute a procedural error, as discussed in” 36 C.F.R. § 60.15(a)(4). Id, On July 9, 2009, the Keeper published a notice in the Logan Banner newspaper, see A.R. at 499, which stated that “Blair Mountain ... [would] be removed from the National Register by the Keeper ..., due to a procedural error in the counting of property owners who objected to the ... listing ...,” Defs.’ Cross-Mot. for Summ. J. at 14 (citing A.R. at 499). The notice further indicated that Blair Mountain would “automatically be determined eligible for listing in the National Register.” Id. Additionally, the Keeper asserted that the notice authorized the submission of comments “on the removal of ... Blair Mountain” for “thirty (30) days from the publication date of [the] notice.” Id. However, the Keeper postponed the deadline for submitting comments until October 14, 2009, A.R. at 638, so that one or more parties challenging the delisting could comment, A.R. at 628, 630. On September 9,2009, Harvard Ayers of Friends of Blair Mountain submitted a petition challenging the Keeper’s decision to delist Blair Mountain. A.R. at 521-22. Ayers’ petition relied extensively on the title research of John Kennedy Bailey, a West Virginia attorney. See A.R. at 523-28. According to Ayers, using the May 21, 2009 list of fifty-seven owners as the baseline, Bailey’s research showed that “[t]he number of owners increased to at least [sixty-one].” A.R. at 522. However, according to Ayers, “it appeared] that five of the [thirty] signed objectors might be removed from the list, leaving [twenty-five] objectors.” Id. Notably, Bailey stated that his research showed that owner/objector Cor-bet Craddock conveyed Parcel 154-2-8 “by deed dated July 18, 1980” and “died on January 6, 1983.” A.R. at 524. Bailey also stated that owner/objector August Phillips “died on December 21, 2008.” A.R. at 527. On September 24, 2009, Pierce wrote a letter to Loether stating that an organization had requested that the comment period be extended so that the State Agency could “review information directly provided to the [Keeper] from ... Ayers on September [9], 2009.” A.R. at 637. Pierce further stated that “[w]e are not currently reviewing this information.” Id, Pierce asked the Keeper to “clarify the role” it believed the State Agency “ha[d] in the instant matter since our reading of the regulations does not have [the State Agency] receiving or reviewing any comments or having a role at this point in the process,” citing 36 C.F.R. § 60.15(k) as support for this position. Id, On November 10, 2009, Loether responded to Pierce’s letter. A.R. at 682. In this response, Loether noted that the Keeper received “comments” regarding its notice of the delisting of Blair Mountain and “strongly recommend[ed] that they receive [the State Agency’s] full consideration.” Id, Further, Loether stated that the State Agency “may be particularly interested in the enclosed letter and materials ... received from Harvard Ayers, who is challenging the accuracy of your office’s determination of property owners and, thus, the validity of this nomination’s owner objection count.” Id. Loether added that “[f]ederal regulations specify that ‘it is the responsibility of the [State Agency] to ascertain whether a majority of owners of private property have objected.’ ” Id. (quoting 36 C.F.R. § 60.6(g)). Pierce replied to Loether’s letter on December 8, 2009. A.R. at 686-88. At the letter’s outset, Pierce stated that “[w]e have reviewed the comments ... even though ... [36 G.F.R. § 60.15(k)] does not indicate our office having a role in the review of comments regarding the removal of a resource on the Keeper’s ‘own motion.’ ” A.R. at 686. Pierce also wrote that the State Agency “forwarded Dr. Ayers’ comments .... to ... Dalporto” and noted that they “included ... research conducted by ... Bailey.” Id. Regarding Ayers’ comments, Pierce opined that “it appears that Mr. Bailey did not take into consideration that some of the property owners he added to the list had submitted letters of objection to our office prior to [the] listing in the National Register.” A.R. at 687. “In some instances,” Pierce continued, “Mr. Bailey references deed books without citing the dates of property transfer; therefore, we cannot be certain if property ownership existed within the appropriate time period.” Id. Dalporto, on the other hand, seemed less critical of Bailey’s research. In an attachment to Pierce’s December 8, 2009 letter, Dalporto wrote that he neither “agree[d] nor disagree[d]” “with his conclusions.” A,R. at 689. Dalporto noted that Bailey used “tax maps and map cards associated therewith as the basis upon which to establish a list of ‘owners[.]’ ” Id. Further, Dalporto stated that “[apparently Mr. Bailey used our research and supplemented it as to certain parcels ... by researching the Tax Tickets _” Id. “When disparities were discovered,” Dal-porto continued, “[Bailey] then delved into the records contained in the office of the County Clerk of Logan County.” A.R. at 689-90. Dalporto added that “Mr. Bailey’s efforts are welcomed” because his office “knew that the tax maps and associated map cards had as their basic purpose the collection of real estate taxes, with the actual, precise ownership relegated to secondary importance.” A.R. at 690. In conclusion, Dalporto wrote that “[w]hile I have not reviewed Mr. Bailey’s work in any depth, I have no reason to doubt the accuracy of his conclusions, insofar as they go.” Id. In the December 8, 2009 letter, Pierce also discusses the State Agency’s role, or lack thereof, in ascertaining whether a majority of property owners have objected. Based on her reading of the regulations, Pierce expressed skepticism about whether the State Agency had “a direct role in reviewing or considering comments made to the Keeper regarding the removal of a resource from listing.” A.R. at 687. Further, Pierce asserted that, with the exception of Ayers’ comments, the comments sent to the State Agency in connection with Loether’s November 10, 2009 letter “discuss[ed] issues ... not associated with the dispute of [the] property ownership/objection count.” A.R. at 688. Therefore, Pierce wrote that the State Agency “believe[d] that [it had] fulfilled [its] obligation under 36 [C.F.R. § ] 60.6(g).” Id. Consequently, Pierce concluded that: [the State Agency] cannot make a re-determination as to the' count for the following reasons: the recalculation would occur outside the appropriate time frame; Mr. Bailey’s work does not provide enough information to provide an accurate assessment; and it is not our office’s role in the de-listing process as outlined in the federal regulations. Id. Subsequently, on December 8, 2009, the Keeper removed Blair Mountain from the National Register. A.R. at 695, “Upon its removal, it was automatically ‘considered eligible for inclusion in the National Register.”’ A.R. at 691 (quoting 36 C.F.R. 8 60.15(a)(4)). On January 6, 2010, Loether wrote Reid-Smith to notify him that the Keeper had removed Blair Mountain from the National Register. A.R. at 691. As to Pierce’s statement in the December 8, 2009 letter that' the State Agency could not “make a re-determination as to the count,” Loether stated that “[i]t is our understand[ihg] that she is referring to a re-determination of the corrections you explained in your letter of January 8, 2010.” Id. Loether also stated that, “[a]ccording to 36 [C.F.R. § ] 60.6(g), it is the ‘responsibility of the [State Agency] to ascertain whether a majority of owners of private property have objected.’ ” Id. Further, Loether stated that “[y]ou have confirmed that the count of owners and' objections yields an objection rate of more than [fifty percent],” Id. Loether' then acknowledged, “[w]e accept your determination” and, therefore, “Blair Mountain ,.. has been removed from the National Register and it has been determined eligible.” Id. In closing, Loether stated, “[although we regret its removal from the National Register, we are satisfied that. the Federal regulations have been accurately followed .... ” A.R. at 691-92. On July 6, 2010, Andrea Ferster, counsel for the plaintiffs, submitted a petition for reconsideration with the Keeper and the State Agency. A.R..at 747-57. On July 29, 2010, Carol Shull, an employee of the Keeper, wrote Ferster a letter “denying the Petition.” A.R. at 778. Shull concluded that Ferster lacked regulatory standing under 36 C.F.R. § 60.15(a)(4) to petition for reconsideration. As support for this conclusion, Shull asserted that section 60.15(a)(4) “does not state' that properties removed from the National Register for procedural error shall be reconsidered for listing upon the assertion and belief that the Keeper erred in making a removal.” Id. Following Shull’s denial of the petition, the plaintiffs commenced this action on September 9, 2010. The plaintiffs “claimed that the Keeper’s decision to delist [Blair Mountain] was arbitrary and capricious, and sought vacatur of the decision and relisting of the Battlefield as of March 30, 2009.” Sierra Club v. Jewell, 764 F.3d 1, 4 (D.C.Cir.2014). This Court “granted summary judgment to the [Keeper], holding that the [plaintiffs], failed to establish standing to bring the action.” Id. (citation omitted). This Court’s ruling was based on the conclusion that the plaintiffs “could not demonstrate any of the three components of standing: injury in fact, causation, or redressability.” Id. The plaintiffs appealed and, on August 26, 2014, the District of Columbia Circuit (“Circuit”) reversed this Court’s decision granting summary judgment to the Keeper. See generally 764 F.3d 1. The Circuit held that the plaintiffs satisfied each prong of the test for standing. Id. at 5, 8. The Circuit remanded the case to this Court “for further proceedings.” Id. at 15. In their cross-motions for summary judgment, the parties address whether the Keeper’s decision to delist Blair Mountain violated the APA. The Court will now address these arguments. II. STANDARD OF REVIEW In a case involving review of final administrative action, the summary judgment standard of review set forth in Federal Rule of Civil Procedure 56 does not apply. E.g., Se. Conference v. Vilsack, 684 F.Supp.2d 135, 142 (D.D.C.2010). Rather, a court must “decid[e], as a matter of law, whether an agency action is supported by the administrative record and consistent with the ... [arbitrary and capricious] standard of review [under the APA].” Loma Linda Univ. Med. Ctr. v. Sebelius, 684 F.Supp.2d 42, 52 (D.D.C.2010) (citation omitted); see also Richards v. INS, 554 F.2d 1173, 1177 & n. 28 (D.C.Cir.1977). In making this determination, a “district ... [court] sits as an appellate tribunal,” and “[t]he ‘entire case’ on review is a question of law.” Am. Bioscience, Inc. v. Thompson, 269 F.3d 1077, 1083 (D.C.Cir.2001) (citations omitted). “[Arbitrary and capricious” review is “highly deferential” and “presumes the agency’s action to be valid.” Envtl. Def. Fund, Inc. v. Costle, 657 F.2d 275, 283 (D.C.Cir.1981). “The scope of review under the ‘arbitrary and capricious’ standard is narrow and a court is not to substitute its judgment for that of the agency.” Motor Vehicle Mfrs. Ass’n of U.S. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983). Rather, “[c]ourt[s] consider[ ] whether the agency acted within the scope of its legal authority, whether the agency has explained its decision, whether the facts on which the agency purports to have relied have some basis in the record, and whether, the, agency considered the relevant factors.” Fund for Animals v. Babbitt, 903 F.Supp. 96, 105 (D.D.C.1995) (citing Marsh v. Or. Nat. Res. Council, 490 U.S. 360, 378, 109 S.Ct. 1851, 104 L.Ed.2d 377 (1989)). III. LEGAL ANALYSIS A. The Parties’ Arguments The plaintiffs’ overarching argument is that the defendants’ decision to delist Blair Mountain violated- the APA because it “[w]as [arbitrary, [c]apricious[,] an [a]buse of [discretion, and [cjontrary to the [Keeper’s] [o]wn [Regulations.” Pis.’ Mot. for Summ.-J. at 14. The Court distills two main arguments from the plaintiffs’ extensive arguments in support of this position. First, the plaintiffs contend that the Keeper’s use of the recalculated list of fifty-seven owners instead of the original list of sixty-five 'owners constituted a per se violation of the APA. More specifically, the plaintiffs assert that the delisting contravened 36 C.F.R. § 60.6(c), see Pls.’s Mot. for Summ. J. at 14-16, which provides that the State Agency must compile a baseline list of owners “within [ninety] days prior to the notification of intent to nominate [a property],” 36 C.F.R. § 60.6(c) (2015). According to the plaintiffs, if the Keeper were allowed to use lists calculated outside this window, “the calculation of owner objections would be vulnerable to manipulation, through the acquisition and consolidation of property interests, which would alter the relative weight of each objection.” Pis.’ Mot. for Summ. J. at 16. The plaintiffs, therefore, construe section 60.6(c) to bar the Keeper from “relying on a list of owners that [is] recalculated after the nomination was submitted to the Keeper.” Pis.’ Reply Br. at 7. And the plaintiffs point, out that the “[October] 2008 ... List .of [sixty-five]. Owners is the only list of owners that was compiled within [ninety] days prior to the notification of intent to nominate, as ■ required by 36 C.F.R. § 60.6(c).” Pis.’ Mot. for Summ. J. at 3. Accordingly, the plaintiffs conclude that the Keeper’s use of the recalculated list of fifty-seven owners was a per se violation of the APA. Id. at 19. The plaintiffs’ second argument is that the Keeper acted arbitrarily and capriciously in delisting Blair Mountain for two particular reasons. One, the plaintiffs contend that the Keeper’s “decision that more than [fifty percent] of owners objected counted objections that the [Keeper] acknowledged were questionable.” Id. at 19. Two, the plaintiffs maintain that the Keeper failed “to engage in a meaningful review of the [State Agency’s] May 21, 2009 recalculated list of [fifty-seven] owners and [thirty] objections.” Pis.’ Reply Br. at 9-10. Elaborating on their second argument, the plaintiffs assert that the defendants acted improperly by mindlessly accepting Jackson Kelly’s “ ‘corrections’ to the 2008 Official List of [sixty-five] Owners.” Pis.’ Mot. for Summ. J. at 16. According to the plaintiffs, in paring the official list down to fifty-seven owners, the State Agency and the Keeper made “[n]o effort whatsoever ... to verify and update the ownership of each of the parcels of land within the Blair Mountain Battlefield.” Id. at 17. Similarly, the plaintiffs contend that Jackson Kelly “made ‘corrections’ to the list of objectors in order to include objectors who had objected to the prior nominations but whose names were not included on the 2008 Official List of [sixty-five] Owners.” |d. In the plaintiffs’ estimation, this was improper because “[n]o updated ‘affidavits of ownership’ were submitted by [Jackson Kelly] along with these corrections.” Id. The plaintiffs conclude that these actions operated “to retain prior objectors while decreasing the total number of owners on the baseline list, thereby increasing the weight of each objection.” Id. The plaintiffs challenge the propriety of the decrease of the list of owners from sixty-five to fifty-seven, asserting that the State Agency’s “May 21, 2009 List of [fifty-seven] Owners eliminated eight owners” from the “October 2008 List of [sixty-five] Owners.” Pis.’ Reply Br. at 13. Specifically, the plaintiffs assert that the revised list “substituted Keith Allan Bryant as the sole owner of the parcel previously shown on the October 2008 List of [sixty-five] Owners as being co-owned by Charles Carpenter, Cinda O Ball, Carolyn A. Ball, and Robert N. Yarrington.” Id. Likewise, the plaintiffs assert that the revised list “substituted Seldom Seen Acres LLC as the sole owner of the parcel that was shown on the October 2008 List of. [sixty-five] Owners as being owned by Carolyn Jean Sei-bert, Jane B. Springer, Linda I. Larner, and Wendy A. Adams.” Id.; compare A.R. at 464, with A.R. at 1236. Yet, the plaintiffs contend that “[n]one of these ‘corrections’ ... were accompanied by affidavits of ownership by any of these persons attesting that they were no longer owners of property within the Blair Mountain Battlefield .... ” Pis.’ Reply Br. at 13. Further, the plaintiffs assert that the “record contains no affidavit of ownership from Seldom Seem Acres attesting that it was the sole owner of that parcel, or from Keith Allen Bryant attesting to his acquisition of the interests of Charles Carpenter, Cinda O Ball, Carolyn A. Ball, and Robert N. Yarrington.” Id. The plaintiffs also challenge the propriety of the Keeper’s decision to increase the “total number- of objections ... from [twenty-two] to [thirty].” A.R. at 351. To sustain this challenge, the plaintiffs assert that the Keeper improperly accepted “objections from persons ... who failed to certify ‘in a [current] written notarized statement that the party is the sole or partial owner of a nominated private property.’ ” Pis.’ Reply Br. at 7-8 (quoting 36 C.F.R. § 60.6(g)). In so arguing, the plaintiffs focus on the objections of the following individuals: August Phillips, Eula Blankenship, Eula Ball, Dollie Jeffrey, and Corbet Craddock. The plaintiffs attack the validity of the objections of Phillips and Blankenship on the following ground: they were “noted on the May 21, 2009 recalculated list of [fifty-seven] owners/[thirty] objectors and accepted by the [Keeper] at ‘face value[]’ even [though] these objectors were not on' the Official 2008 List of [sixty-five] Owners and no updated objections attesting to ownership were submitted by these individuals.” Pis.’ Mot. for Summ. J. at 21. To support this contention, the plaintiffs note that these two. objections date back to September 2005. A.R. at 872; id. at 939. By contrast, the plaintiffs challenge Eula Ball’s declaration on the basis that the defendants added her to the revised list even though she was “not on the 2008 Official List of [sixty-five] Owners, and even though no updated affidavit[ ] of ownership w[as] submitted by [her] prior to March [25], 2009.” See Pis.’ Mot. for Summ. J. at 17; A.R. at 469. The plaintiffs challenge the objections of Dollie Jeffrey and Corbet Craddock on more particularized grounds. In the plaintiffs’ estimation, Jeffrey’s -objection is invalid because “there was no owner identified on the Recalculated 2009 list [fifty-seven] owners as ‘Dollie Jeffry.’” Pis.’ Mot. for Summ. J. at 20. The plaintiffs acknowledge that the original list of sixty-five owners included “Dessie Jeffrey.” Id. (internal quotation marks omitted). However, the plaintiffs contend that it is improper to “simply attribute[ ] the objection of ‘Dollie Jeffrey’ to ... ‘Dessie Jeffry’ ” absent an “updated notarized objection ... submitted by Dollie Jeffrey ... averring that she is the owner of land within the boundaries of Blair Mountain Battlefield.” Id. The plaintiffs further note that Dollie Jeffrey’s objection “provides no locational information that identifies which parcel she owned within the proposed boundaries, or establishing whether she and ‘Dessie Jeffry[ ]’ ... are one and the same person, as the [Keeper] ... stated should have been provided in order to accept this objection.” Id. Regarding Corbet Craddock’s objection, the plaintiffs note that it is signed “by‘Nellie Craddock For Corbet Craddock.’ ” H. at 19. The plaintiffs assert that the decision to count this objection contravened the Keeper’s nonbinding guidance that “a notarized objection that is submitted by someone other than the property owner should only be counted ‘if the person signing is the agent for an individual who has appointed the signatory as his attorney-in-fact,’ ” Id. (quoting A.R. at 787). This is because, according to the plaintiffs, “there was no evidence in the record that Nellie Craddock had ... power of attorney for Corbet Craddock or was otherwise authorized to serve as his agent or attorney-in-fact.” Id. Additionally, the plaintiffs accuse the Keeper of arbitrarily and capriciously failing to independently verify the accuracy of the list. In essence, the plaintiffs assert that the Keeper rubber-stamped the revised list of fifty-seven owners that the State Agency compiled. To support this argument, the plaintiffs point to a series of communications between the Keeper and the State Agency debating which one had the responsibility to ensure the accuracy of the list. For instance, in the September 24, 2009 letter, Pierce wrote that the State Agency “is not currently reviewing ... information” from the Keeper “[b]ased upon [its] ... understanding of 36 C.F.R, 60.15(k).” A.R. at 637. Then, in the November 10,2009 letter, Loether responded that “‘it is the responsibility of the [State Agency] to ascertain whether a majority of owners of private property have objected.’ ” A.R. at 682 (quoting 36 C.F.R. § 60.6(g)). The Keeper disputes the notion that it committed a per se violation of the APA by using the revised list instead of the original list. The Keeper acknowledges that'“36 C.F.R. § 60.6(c) directs that, within [ninety] days prior to the notification of an intent to nominate, [the State Agency] must create a baseline listing of current owners of the property by using either ‘official land recordation records or tax records, whichever is more appropriate.’ ” Defs.’ Cross-Mot. for Summ. J. at 23-24. However, the Keeper asserts that “nothing in 36 C.F.R. pt. 60 [ ] states that [this] list is' the immutable list from which [the Keeper] is to determine both (i) the baseline of property owners, and (ii) whether a majority of the private property owners object to having the nominated property included in the National Register.” Id. at 24. The Keeper also disputes the idea that it improperly calculated the number of' owners and objectors. The Keeper accuses the plaintiffs of ignoring “[the Keeper’s] careful consideration of the record before the agency, which ultimately led [the Keeper] to conclude that there had been procedural error in [the Agencies’] original conclusions that fewer than a majority of owners objected to [the] listing.” Id. at 24-25. More specifically, the Keeper characterizes the plaintiffs’ challenges to the objections of Phillips, Blankenship, Eula Ball, Dollie Jeffrey, and Corbet Craddock as an “attempt to flyspeck [the Keeper’s] acceptance of specific objections by focusing on the validity of individual objections.” Id at 25. Regarding Corbet Craddock, the Keeper asserts that the plaintiffs’ own evidence shows that he was an owner “as of July 18, 1980 ... and therefore had a right to object.” Id. As for Dollie Jeffrey, the Keeper contends that the regulations do not require an objection to be “accompanied by address, parcel, or other acceptable location information.” Id. (internal quotation marks omitted). The Keeper accuses the plaintiffs of attempting “to manufacture this requirement from [the Keeper’s] non-binding statement to the [State Agency] that ‘it is reasonable to expect’ an objecting owner to provide such information.” Id at 25-26. Concerning Phillips, Blankenship, and Eula Ball, the Keeper notes that “these owners did máke their objections known through affidavits submitted during a prior effort- to list Blair Mountain ....” Id. at 26. The Keeper adds that “[without any evidence that the owners had rescinded their objections or that they were no longer owners, it was reasonable for [it] to continue to count their objections to [the] listing.” Id. (citing 36 C.F.R. § 60.6(s)). The Keeper also rejects the assertion that it failed to independently verify the accuracy of the revised list. The Keeper concedes that it had a responsibility to “undertake an independent review” of the entire record in the context of “a removal action initiated by the Keeper on its own motion.” Id. at 28. However, the Keeper disputes that it “simply deferred to the [State Agency’s] findings without assessing for itself whether a rational connection exist[ed] between the facts before the [Keeper] and the conclusion reached!.]” Id. Rather, the Keeper asserts that it, “after deliberation, reasonably adopted the [State Agency’s] conclusion as its own.” Id. In so asserting, the Keeper posits that “it was reasonable for [it], after listing had occurred, to continue to look to the [State Agency] for its expertise in determining whether a majority of property owners timely objected to [the] listing.” Id. at 31. This, from the Keeper’s perspective, “is particularly true when a determination of whether the list that [is] being used ... turns on an interpretation of state real property law.” Id. In the Keeper’s view, “the more complex, technical, and difficult a fact is to determine ..., the more likely a court is to defer to agency fact finding.” Id. (citation omitted). B. Discussion “To survive review under the arbitrary and capricious, standard, an agency must examine the relevant data and articulate a satisfactory explanation for its-action including a rational connection between the facts found and the choice made.” Tripoli Rocketry Ass’n v. ATF, 437 F.3d 75, 81 (D.C.Cir.2006) (citation and internal quotation marks omitted); In other words, arbitrary and capricious review “establishes a scheme of reasoned decisionmaking.” Nat’l Fuel Gas Supply Corp. v. FERC, 468 F.3d 831, 839 (D.C.Cir.2006) (internal quotation marks omitted) (citing Allentown Mack Sales & Serv., Inc. v. NLRB, 522 U.S. 359, 374, 118 S.Ct. 818, 139 L.Ed.2d 797 (1998)); see also Int’l Ladies’ Garment Workers’ Union v. Donovan, 722 F.2d 795, 815 (D.C.Cir.1983) (footnote, citation, and internal quotation marks omitted)- (stating that, under arbitrary and capricious review, courts must “engage in a searching and careful inquiry, the keystone of which is to ensure that the [agency] engaged in reasoned decisionmaking”). Showing that reasoned decisionmaking supports an agency’s action “depends on the specific facts of a particular case.” See Dist. Hosp. Partners, L.P. v. Burwell, 786 F.3d 46, 57 (D.C.Cir.2015). This is because “arbitrary and capricious review defies generalized application and must be contextually tailored.” Maggard v. O’Connell, 671 F.2d 568, 571 (D.C.Cir.1982) (citation and internal quotation marks omitted). Although there is no formula for what constitutes reasoned decisionmaking, this Circuit has identified principles to guide this inquiry. This Court categorizes these principles as follows: deliberation, transparency, rationality, and evidentiary propriety. Regarding deliberation, the agency must “engage the arguments raised before it.” Del. Dep’t of Nat. Res. & Envtl. Control v. EPA, 785 F.3d 1, 11 (D.C.Cir.2015) (citation and internal quotation marks omitted). Such engagement requires the agency to consider “important aspectfs] of the problem,” Dist. Hosp., 786 F.3d at 57 (citation and internal quotation marks-omitted), as well as “significant alternatives to the course it ultimately chooses,” Del. Dep’t of Nat. Res., 785 F.3d at 11 (citation and internal quotation marks omitted). It follows that an agency’s decision is not deliberative if it fails to “respond meaningfully to objections raised by a party.” BNSF Ry. Co. v. Surface Transp. Bd., 741 F.3d 163, 168 (D.C.Cir.2014) (emphasis added) (citation and internal quotation marks omitted); see also Mich. Wis. Pipe Line Co. v. Fed. Power Comm’n, 520 F.2d 84, 89 (D.C.Cir.1975) (citations omitted) (stating that an agency’s “bare application [of a rule] ... without even so much as a passing comment upon the uncontradicted record evidence ... simply is not reasoned decision-making”). As to transparency, the agency “must, of course, reveal the reasoning that underlies its conclusion. Transcon. Gas Pipe Line Corp. v. FERC, 54 F.3d 893, 898 (D.C.Cir.1995) (citation omitted). Under this standard, “[a]n agency cannot ... merely ... insistí ] that its conclusions are rational and supported by the record.” San Luis Obispo Mothers for Peace v. U.S. Nuclear Reg. Comm’n, 789 F.2d 26, 48 (D.C.Cir.1986). “Instead, it must give the court the rationale underlying the importance of factual distinctions as well as the factual distinctions themselves.” Id. (citation and internal quotation marks omitted). In so doing, the agency must ensure that its “findings and rationales” are “understandable.” Associated Gas Distribs. v. FERC, 893 F.2d 349, 361 (D.C.Cir.1989) (citation and internal quotation marks omitted). The corollary of this requirement is that “unclear or contradictory” findings and rationales fail to command deference. See id. Consistent with these principles, “[w]hen an agency fails to state the reasons for its decision, then courts should remand.the case to the agency for further explanation.” Campbell Sixty-Six Express, Inc. v. ICC, 603 F.2d 1012, 1014 (D.C.Cir.1979) (citations omitted). The rationality assessment pertains to the nature and substance of the agency’s reasoning. “One of the core tenets of reasoned decision-making is that ‘an agency [when] changing its course ... is obligated to supply a reasoned analysis for the change.’ ” Republic Airline Inc. v. U.S. Dep’t of Transp., 669 F.3d 296, 299 (D.C.Cir.2012) (quoting State Farm, 463 U.S. at 42, 103 S.Ct. 2856). Thus, “if an agency’s interpretation of a regulation shifts such that the agency is treating like situations differently without sufficient reason, the court may reject the agency’s interpretation as arbitrary.” Kaiser Found. Hosp. v. Sebelius, 828 F.Supp.2d 193, 199 (D.D.C.2011). Moreover, the agency must base its decision on more than wishful or whimsical thinking. Therefore, an agency’s reasoning is deficient if it is: (1) “based on speculation,” Del. Dep’t of Nat. Res., 785 F.3d at 11 (citation and internal quotation marks omitted); (2) “mere conjecture and abstract theorizing offered in a vacuum,” Kan. Gas & Elec. Co. v. FERC, 758 F.2d 713, 721 (D.C.Cir.1985) (citation omitted); (3) “conclusory,” Jurewicz v. U.S. Dep’t of Agric., 741 F.3d 1326, 1331 (D.C.Cir.2014) (citation and internal quotation marks omitted); or (4) “ ‘so implausible that it could not be ascribed to a difference in view or the product of agency expertise,’ ” United Mine Workers of Am. v. Mine Safety & Health Admin., 626 F.3d 84, 90 (D.C.Cir.2010) (quoting State Farm, 463 U.S. at 43, 103 S.Ct. 2856). The final perspective encompasses evidentiary considerations. Where, as here, the case requires the arbitrary and capricious review of a “record consisting of arguments and evidence submitted by opposing sides,” Aircraft Owners & Pilots Ass’n v. FAA, 600 F.2d 965, 972 (D.C.Cir.1979), courts must “set aside agency findings that are unsupported by substantial evidence,” Midtec Paper Corp. v. United States, 857 F.2d 1487, 1497 (D.C.Cir.1988) (citation and internal quotation marks omitted). Beyond this threshold requirement, reasoned decisionmaking requires the agency to “ ‘examine the relevant data.’ ” Dist. Hosp. Partners, 786 F.3d at 56 (quoting State Farm, 463 U.S. at 43, 103 S.Ct. 2856). Reasoned decisionmaking also precludes the agency from offering “ ‘an explanation ... that runs counter to the evidence before the agency.’” Nat’l Fuel, 468 F.3d at 839 (quoting State Farm, 463 U.S. at 43, 103 S.Ct. 2856). In appropriate cases, agencies are entitled to a special category of deference called “Auer deference.” See generally Auer v. Robbins, 519 U.S. 452, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997). Under Auer, “[a]n agency’s [reasonable] interpretation of its own ambiguous regulations” is generally controlling. MarkWest Mich. Pipeline Co. v. FERC, 646 F.3d 30, 36 (D.C.Cir.2011) (citing Auer, 519 U.S. at 461, 117 S.Ct. 905). However, “[a]lthou