“Material difference” isn’t a get-out-of-jail-free card
An error that didn’t change the outcome is still an error the MPC will flag.
The MPC explicitly addresses the concept of “material difference” in its findings framework. If the MPC finds an error in the process but determines the outcome would not have been materially different, the error is still recorded. The MPC still makes recommendations for improvement. The Agency Head is still responsible for ensuring those recommendations are followed.
Two common misreadings. First: “no material difference” does not mean “no finding.” The finding stands; only the consequence is reduced. Second: panels sometimes proceed on the assumption that minor errors will be forgiven because the right candidate was chosen anyway. That assumption is not safe, whether an error was material depends on scale, impact, and nature, and the test is the MPC’s, not the Agency’s.