The agency’s “staff has no basis to prejudge the administrative process. For one, JGW is not a recalcitrant party, having already provided over 40,000 documents and hearing testimony of multiple employees in response to earlier Bureau requests,” Celestin wrote in court papers. “And even if the parties are unable to negotiate the parameters of a response to a new CID—not a foregone conclusion—JGW has a statutory right to petition the director to modify or set aside the CID.”

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