mr. hopper. >> thank you, mr. chief justice, and may please the court. we read the moa to be binding in every way. we have found not a single word -- >> that doesn't help you for very long. because he just said they will change. was about the argument you want to rely on? >> i'm sorry? >> he just said before that if we will that way, they could just change it. they would just eliminate the moa. >> its existing today. and in addition to the moa, the fact that this is a site-specific adjudication suggests that this isn't binding -- that this is a binding determination. in fact that the very purpose of an adjudication. also as has already been mentioned, it represents itself as being the official view of the agency, a final agency action of the agency, and will be relied on for five years. even drink the permitting process, that will not be revisited. all of those things suggest that this is a binding adjudication and -- >> mr. hopper, and ask, you know, i was just looking through some of the agency's rules and practices. i'll just give a couple of examples

mr. hopper? >> inc. you mr. chief justice. may please the courts? the m.o.a.be binding in anyway. >> you just said they will change it. is that the argument you want to rely on? that ifst said before we rule that way, they could just change it. they would just eliminate the noa. >> it is existing today. noa, the fact the that this is a site specific adjudication suggests this is a binding determination. that is the very purpose of an adjudication. also, as has already been mentioned, it represents itself as being the official view of the agency. the final agency action of the agency, and will be relied on for five years, even during the permit process. that will not be revisited. all of those things suggest this >> ibinding adjudication was just reading to other agencies rules and practices. the fcc put out rules just this past year, and it says, with respect to some particular matters, the fcc rules say the bureau will not bring an enforcement action against a requesting party, the requesting party meeting someone who requested an opinion, with respect to any