17 pages. "The key factors the Department ignored were its prior advisory opinions discussing the term 'working owner' and its regulation adopting a definition of the term in a related context.... [T]he Department spills much ink in its response brief either explaining away the prior advisory opinions and the regulation or arguing that the definitions they adopted are consistent with the ones adopted elsewhere. But all those arguments were not made in the final agency action itself and thus aren't 'contemporaneous explanations.' ... They are instead 'impermissible post hoc rationalizations.' ... And these post hoc rationalizations confirm that the action here is arbitrary and capricious."   [Data Marketing Partnership, LP v. DOL, No. 20-11179 (5th Cir. Aug. 17, 2022)]

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