If there are any exceptions to the standard rule regarding consideration of extra-record materials, does one of the exceptions apply to post-decisional information?

MultiRegion, United States of America

The following excerpt is from Cachil Dehe Band of Wintun Indians of the Colusa Indian Cmty. v. Zinke, 889 F.3d 584 (9th Cir. 2018):

Further, even if one of the enumerated exceptions did apply, it would be of no matter, because "exceptions to the normal rule regarding consideration of extra-record materials only apply to information available at the time, not post-decisional information." Tri-Valley CAREs v. U.S. Dept of Energy , 671 F.3d 1113, 1130 (9th Cir. 2012) (original alterations and internal quotation marks omitted); see also id . at 113031 ("[P]ost-decision information may not be advanced as a new rationalization

[889 F.3d 601]

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