30
Court may be persuaded to reconsider this approach. But that
cannot be our task.
***
This should have been a straightforward application of
administrative law, not unlike countless agency cases decided
by this circuit every year. Congress has enacted a statute; the
agency has violated it; the rules must be vacated; done. I
would enforce the statute as written and call it a day. A good
rule of thumb is we often do more for the law when we do
less with the law. Per that rule, I concur only in part with the
court’s opinion.