CP wont shield backlash --- if they win the plan is unpopular, the cp is as well

(Colleen V. Chien, Justin D'Atri Visiting Professor of Business Law, Columbia Law School; Professor, Santa Clara University School of Law; 2013-2015 White House Senior Advisor, Innovation and Intellectual Property, “Rigorous Policy Pilots: Experimentation in the Administration of the Law, July, 2019, “104 Iowa L. Rev. 2313,” pg lexis//um-ef)

At the same time, as described above, rigorous experimentation will neither remove the burdens of ensuring an adequate nexus to a legitimate governmental objective, nor absolve an agency of procedural compliance with notice and comment, nor shield agency from scrutiny. When the stakes are high and agency action is likely to have material consequences for stakeholders, experimental evidence, like other evidence, is likely to be contested and challenged. While on one hand, experimental evidence can create a shared experience, on the other hand, stakeholders and even agencies are likely to interpret evidence in the manner that advances their interests. 135Matters of institutional competence may come into play if the court is unsure how to evaluate an an agency's experimental design or interpretation of experimental results.