Administrative, Deference
Agency's interpretation of ambiguous statute requiring equivalent rebuilding as "one up, one down" anywhere on the site is unreasonable.
Current plans for building, however, are congruent with statute.
Statute requiring agency consideration does not impose a substantive change in scrutiny on judicial review -- it merely requires that the agency demonstrate that it considered alternatives.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/27/13-16554.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.