D. approve the rule as promulgated. By statute, Congress directed Service to promulgate certain rules within three months. It did not do so. After missing the deadline, Service's chief official received a court order to speed things up. She was also berated in a Senate hearing for her delay.
Petitioner now challenges the issued rules.
B. is apt to invalidate the rules because of ex parte contacts. C. will surely invalidate the rules for not being promulgated sooner. D. lacking reasons better than those presented, is unlikely to invalidate the rules. Secretary can ban, by formal rule making, products that pose risks to human health. After such rule making, it banned a product that posing no more risk than eating one peanut every 250 days.