"Labor relations in the railroad and airline industries are governed by the Railway Labor Act." Air Transp. Ass'n of Am., Inc. v. Nat'l Mediation Bd. , 663 F.3d 476, 478 (D.C.Cir.2011) (citing 45 U.S.C. §§ 151 et seq. ). "Passed in 1926 and amended several times since, the Act seeks to avoid strikes by encouraging bargaining, arbitration, and mediation." Id. The United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") has recognized that "[t]he Railway Labor Act has little to say about how employees are to choose their representatives.

SeeAir Transp. Ass'n of Am., Inc. v. Nat'l Mediation Bd. , 663 F.3d 476, 487–88 (D.C. Cir. 2011). Accordingly, the Plaintiffs' motion to supplement the administrative record will denied and their motion for discovery will be granted.

Discovery is generally not available in cases reviewing agency action. See Air Transp. Ass'n of Am., Inc. v. Nat'l Mediation Bd., 663 F.3d 476, 487 (D.C.Cir.2011). "But if a party makes a significant showing—variously described as a strong, substantial, or prima facie showing—that it will find material in the agency's possession indicative of bad faith or an incomplete record, it should be granted limited discovery."

Air Transp. Ass'n of Am. v. Nat'l Mediation Bd. , 663 F.3d 476, 487-88 (D.C. Cir. 2011) ; accordCitizens for Appropriate Rural Rds. v. Foxx , 815 F.3d 1068, 1081-82 (7th Cir. 2016) ("An exception exists [to the rule limiting discovery in APA cases to the administrative record] if a plaintiff seeking discovery can make a significant showing that it will find material in the agency's possession indicative of bad faith or an incomplete record.") (citing Air Transp. Ass'n , 663 F.3d at 487-88 ).

EPA's Delay Notice is subject to review by this Court under the standard set forth in Section 706 of the APA. “The standard of review under Section 706 of the APA is a highly deferential one. It presumes agency action to be valid.” Air Transport Ass'n of Am., Inc. v. National Mediation Bd., 719 F.Supp.2d 26, 30 (D.D.C.2010) (quotations omitted), aff'd,663 F.3d 476, 477–78 (D.C.Cir.2011). Nevertheless, the Court “must reject agency action if it is ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.’ ” Id. (quoting 5 U.S.C. § 706(2)(A)).

Accordingly, “[d]iscovery typically is not available in APA cases.” Air Transp. Ass'n of Am., Inc. v. Nat'l Mediation Bd., 663 F.3d 476, 487 (D.C. Cir. 2011) (citation omitted).

” Voyaguers Nat'l Park Ass'n, 381 F.3d at 766 (citation omitted). In order to even obtain limited discovery beyond the certified record, a party must make “a significant showing - variously described as a strong, substantial, or prima facie showing - that it will find material in the agency's possession indicative of bad faith or an incomplete record.” Air Transp. Ass'n of Am. v. Nat'l Mediation Bd., 663 F.3d 476, 487-88 (D.C. Cir. 2011) (emphasis added). The exception for an allegedly incomplete administrative record “is very narrow.” Voyageurs Nat'l Park Ass'n,

See Citizens of Overton Park, Inc. v. Volpe, 401 U.S. 402, 420 (1971); Air Transp. Ass'n of Am., Inc. v. Nat'l Mediation Bd., 663 F.3d 476, 487-88 (D.C. Cir. 2011) ("[I]f a party makes a significant showing—variously described as a strong, substantial, or prima facie showing—that it will find material in the agency's possession indicative of bad faith or an incomplete record, [the party] should be granted limited discovery."). In APA cases, discovery beyond the administrative record "is the exception, not the rule."

See Air Transp. Ass'n of Am., Inc. v. Nat'l Mediation Bd., 663 F.3d 476, 487-88 (D.C. Cir. 2011) (citing Overton Park, 401 U.S. at 420); see also Amfac Resorts, L.L.C. v. U.S. Dep't of the Interior, 143 F. Supp. 2d 7, 12 (D.D.C. 2001); Muwekma Ohlone Tribe v. Norton, No. 03-cv-1231, 2005 WL 8168909, at *2 (D.D.C. June 13, 2005), Cayuga Nation v. Bernhardt, 374 F. Supp. 3d 1, 27 (D.D.C. 2019). Because these standards are similar, and because both parties argue that the standard set forth in City of Dania Beach controls, the Court applies that standard here.

Foxx, 815 F.3d at 1082 (quoting Air Transp. Ass'n of Am., Inc. v. Nat'l Mediation Bd., 663 F.3d 476, 487-88 (D.C. Cir. 2011)). Supplementation or Discovery may also be necessary if the agency's "failure to explain [the challenged] action effectively frustrates judicial review" or "when it appears the agency has relied on documents or materials not included in the record."