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agency has acted “within the limits of [Congress’s]
delegation” of authority, Chevron, 467 U.S. at 865, and that
its action is not “arbitrary, capricious, an abuse of discretion,
or otherwise not in accordance with law,” 5 U.S.C. §
706(2)(A). Critically, we do not “inquire as to whether the
agency’s decision is wise as a policy matter; indeed, we are
forbidden from substituting our judgment for that of the
agency.” Ass’n of American Railroads, 978 F.2d at 740
(alteration and internal quotation marks omitted). Nor do we
inquire whether “some or many economists would disapprove
of the [agency’s] approach” because “we do not sit as a panel
of referees on a professional economics journal, but as a panel
of generalist judges obliged to defer to a reasonable judgment
by an agency acting pursuant to congressionally delegated
authority.” City of Los Angeles v. U.S. Department of
Transportation, 165 F.3d 972, 978 (D.C. Cir. 1999). Second,
we “sit to resolve only legal questions presented and argued
by the parties.” In re Cheney, 334 F.3d 1096, 1108 (D.C. Cir.
2003), vacated and remanded on other grounds sub nom.
Cheney v. U.S. District Court for the District of Columbia,
542 U.S. 367 (2004); see also, e.g., United Parcel Service,
Inc. v. Mitchell, 451 U.S. 56, 61 n.2 (1981) (“We decline to
consider this argument since it was not raised by either of the
parties here or below.”). “It is not our duty” to consider
“novel arguments a [party] could have made but did not.”
United States v. Laureys, 653 F.3d 27, 32 (D.C. Cir. 2011).
“The premise of our adversarial system is that appellate courts
do not sit as self-directed boards of legal inquiry and research,
but essentially as arbiters of legal questions presented and
argued by the parties before them.” Carducci v. Regan, 714
F.2d 171, 177 (D.C. Cir. 1983). Departing from this rule
would “deprive us in substantial measure of that assistance of
counsel which the system assumes—a deficiency that we can
perhaps supply by other means, but not without altering the
character of our institution.” Id. With these two critical
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