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525 F.2d 1391·
Temp. Emer. Ct. App.·
1975-10-14
·cited 100×
The court held that the Federal Energy Administration's (FEA) Entitlements Program was a rational exercise of agency authority, not arbitrary or capricious, and that the FEA did not violate the Freedom of Information Act.
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758 F.2d 685·
D.C. Cir.·
1985-03-29
·cited 42×
The FAA has the authority to grant exemptions from noise regulations, but its application of exemption criteria was arbitrary and capricious due to inconsistency. The court vacates the agency's actions and remands for consistent proceedings.
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788 F.2d 765·
D.C. Cir.·
1986-04-18
·cited 39×
The court held that the Caddos' cross-claim for retroactive relief should have been dismissed because the Wichitas and Delawares were indispensable parties who could not be joined due to tribal immunity. The court also held that the Assistant Secretary improperly decided against
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507 F.2d 905·
9th Cir.·
1974-11-11
·cited 28×
The court held that Arizona's statutory scheme allowing "conditional permits" (variances) for pollution sources is permissible under the Clean Air Act, provided the EPA ultimately approves each variance and it does not endanger public health or safety. The court also found that t
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742 F.2d 1145·
9th Cir.·
1984-09-10
·cited 26×
The court held that the Bureau of Land Management's oil and gas lease sales within the Alaska National Petroleum Reserve complied with statutory requirements, including those concerning subsistence use, and that the district court properly reviewed the agency's decision.
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578 F.2d 660·
6th Cir.·
1978-06-29
·cited 26×
The court held that the EPA's use of the Class A assumption for pollution dispersion in rural areas under least stable wind conditions was arbitrary and capricious, remanding that issue for further study. However, the court found the EPA's terrain adjustment in the MAXT-24 model
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809 F.2d 875·
D.C. Cir.·
1987-01-16
·cited 20×
The court held that the EPA acted arbitrarily and capriciously by relying on foreign economic impact without adequately considering statutorily mandated health and food supply factors, and by reversing its position on health risks without sufficient explanation.
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889 F.2d 401·
2d Cir.·
1989-11-01
·cited 18×
The regulations promulgated by the Secretary are permissible under Title X and not constitutionally infirm, despite concerns raised.
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825 F.2d 1254·
8th Cir.·
1987-08-04
·cited 16×
The court held that the 0.5% penalty level and county-based reporting unit for mail loss of food stamps were not arbitrary and capricious, but that the Secretary lacked authority to assess interest on penalties owed by a state.
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794 F.2d 737·
D.C. Cir.·
1986-07-08
·cited 16×
The court held that the FCC's decision to retroactively change its policy and refuse to resolve franchise fee disputes arising before the Cable Act was arbitrary and capricious due to a lack of reasoned explanation. However, the court deferred ruling on the Cable Act issues to a
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787 F.2d 846·
2d Cir.·
1986-04-11
·cited 16×
The FCC's access code regulation is arbitrary and capricious as applied to New York Telephone Company's one-way mass announcement service system, rendering it infeasible and unconstitutional for providers on that system.
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768 F.2d 292·
8th Cir.·
1985-07-24
·cited 16×
The court held that the Malpractice Rule is invalid because it is arbitrary and capricious, lacks an adequate basis-and-purpose statement, and violates the Medicare Act's reasonable cost reimbursement provisions.
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838 F.2d 551·
D.C. Cir.·
1988-02-05
·cited 15×
The court held that the FCC's average schedule eligibility rule, requiring conversion to cost status based on affiliate revenues, was arbitrary and capricious because affiliation does not reliably indicate a company's ability to bear the cost of studies.
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832 F.2d 1071·
9th Cir.·
1987-11-03
·cited 14×
The court held that the EPA exceeded its statutory authority by approving air pollution control measures in California's State Implementation Plan without requiring a demonstration that those measures would achieve attainment of air quality standards by the statutory deadline.
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742 F.2d 561·
9th Cir.·
1984-09-11
·cited 14×
The court held that the district court abused its discretion by ordering discovery that was unduly burdensome and by imposing a sanction (default judgment) for noncompliance when the agency showed significant expense, partial compliance, and alternative means for the requesting p
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683 F.2d 45·
2d Cir.·
1982-06-28
·cited 14×
The court held that the Federal Labor Relations Authority (FLRA) incorrectly interpreted statutes to require federal employers to pay per diem and travel expenses for union representatives during collective bargaining.
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660 F.2d 954·
4th Cir.·
1981-07-28
·cited 14×
The court held that the statutory language regarding cost-effectiveness testing was unambiguous and required a specific two-part test. The dissenting judge disagreed, finding the language ambiguous and arguing for deference to the agency's interpretation.
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779 F.2d 702·
D.C. Cir.·
1985-12-20
·cited 13×
The court held that the FCC's revised regulation requiring broadcasters to maintain an illustrative list of community issues addressed by their programming is arbitrary and capricious because it fails to provide sufficient information for the public to participate effectively in
-
612 F.2d 1280·
10th Cir.·
1980-01-15
·cited 12×
The court held that the Bureau of Land Management's disqualification of the plaintiff's oil and gas lease offer for failure to pay the first year's rental within the prescribed time was not arbitrary or capricious.
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836 F.2d 1386·
D.C. Cir.·
1988-01-22
·cited 10×
The FCC's newly discovered refund authority, allowing it to order refunds for past collected rates, is not supported by the Communications Act, which limits remedies to prospective relief.
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796 F.2d 503·
D.C. Cir.·
1986-07-22
·cited 10×
The court held that the Secretary of the Interior's regulation taxing the gross weight of coal, including impurities like water, was a reasonable interpretation of the Surface Mining Control and Reclamation Act (SMCRA) and thus affirmed the district court's judgment.
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671 F.2d 1235·
9th Cir.·
1982-03-18
·cited 10×
The court held that the ninety-day period for filing a petition for review begins upon the petitioner's receipt of notice of the agency's denial, not the date of the denial itself, and that Georgia-Pacific waived its right to an adversarial hearing by failing to request one.
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623 F.2d 155·
10th Cir.·
1980-06-23
·cited 10×
The Commission acted arbitrarily by improperly shifting the burden of proof to the employer to demonstrate the unpreventability of a supervisory employee's own violation of a safety standard.
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598 F.2d 370·
5th Cir.·
1979-07-05
·cited 10×
The Federal Energy Regulatory Commission acted within its authority by imposing conditions on new natural gas transportation certificates, prioritizing public interest and conservation over existing private contracts during a gas shortage, and these conditions did not unlawfully
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540 F.2d 57·
2d Cir.·
1976-08-12
·cited 10×
The court held that the Comptroller's approval of a national bank's branch application was arbitrary and capricious because the Comptroller failed to adequately consider New York's "public convenience and advantage" standard.
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539 F.2d 740·
D.C. Cir.·
1976-06-10
·cited 10×
The court held that the FDA's regulation defining an imitation food as a substitute that resembles another food but is nutritionally inferior is a reasonable exercise of the agency's regulatory power and consistent with the Federal Food, Drug, and Cosmetic Act.
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995 F.3d 882·
11th Cir.·
2021-04-23
·cited 9×
The Eleventh Circuit held that 'willfulness' in the context of the Bank Secrecy Act's FBAR penalty statute includes reckless disregard of a known or obvious risk, and that the appellant's actions demonstrated such recklessness, thus affirming the district court's grant of summary
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853 F.2d 1532·
10th Cir.·
1988-08-12
·cited 8×
The court held that the Social Security Administration's netting regulations, which offset underpayments against overpayments, are inconsistent with the Social Security Act's waiver of recoupment provisions and thus invalid. However, the court reversed the district court's statew
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824 F.2d 1258·
1st Cir.·
1987-07-17
·cited 8×
The court held that the EPA's standards for high-level radioactive waste disposal were not arbitrary or capricious and did not violate the Safe Drinking Water Act, as the standards were promulgated within the EPA's statutory authority and adequately explained.
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806 F.2d 1455·
10th Cir.·
1986-12-09
·cited 8×
The district court lacked jurisdiction to reopen a case and reconsider the FDA's 'new drug' determination, as the issue of Laetrile's effectiveness had already been decided and any new evidence must be presented to the FDA.
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802 F.2d 1159·
9th Cir.·
1986-10-20
·cited 8×
The court held that the union's proposal was nonnegotiable because it directly interfered with the agency's right to determine its internal security practices.
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776 F.2d 1333·
6th Cir.·
1985-11-15
·cited 8×
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770 F.2d 1180·
D.C. Cir.·
1985-08-23
·cited 8×
The court affirmed the FERC's order, holding that the contract language permitted unilateral rate increases under § 205 of the Federal Power Act.
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959 F.2d 839·
9th Cir.·
1992-03-26
·cited 6×
The court held that the EPA's denial of Citizens' petitions for administrative review was not arbitrary or capricious, as Citizens failed to provide sufficient evidence to demonstrate that recycling should be considered a Best Available Control Technology (BACT) for the Spokane i
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939 F.2d 1065·
D.C. Cir.·
1991-08-06
·cited 6×
The court held that the Immigration and Naturalization Service (INS) did not act arbitrarily or capriciously in denying the appellants' applications for permanent resident status, as their prolonged absence from the United States as minors imputed abandonment of residence from th
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879 F.2d 677·
9th Cir.·
1989-07-14
·cited 6×
The court held that the Department of Health and Human Services' (HHS) determination of the effective date of the amended Washington State Medicaid Plan was not arbitrary, capricious, or contrary to law, and thus the district court erred in setting a later effective date.
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784 F.2d 1265·
5th Cir.·
1986-03-17
·cited 6×
The FCC acted arbitrarily by excluding deferred taxes and requiring community-specific proof for rights-of-way investment in pole attachment rate calculations.
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655 F.2d 236·
D.C. Cir.·
1980-12-19
·cited 6×
The court held that the FDA's refusal to assert jurisdiction over cigarettes as drugs was not arbitrary, capricious, or contrary to law, affirming the district court's judgment.
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947 F.2d 386·
9th Cir.·
1991-10-17
·cited 4×
The court held that the Bonneville Power Administration's definition of 'impose upon' is unreasonable because it conflicts with the statutory scheme granting FERC exclusive authority over non-federal project licenses.
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911 F.2d 813·
D.C. Cir.·
1990-08-28
·cited 4×
The court held that the FCC acted within its discretion by denying a petition to reinstate an anti-trafficking policy for broadcast licenses, as the agency reasonably concluded that petitioners failed to provide sufficient evidence of changed circumstances to warrant a new rulema
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887 F.2d 198·
9th Cir.·
1989-10-03
·cited 4×
The court affirmed the agency's decision that mining claims were abandoned due to failure to file required notices, upholding the agency's reasonable interpretation of statutory filing requirements.
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756 F.2d 899·
D.C. Cir.·
1985-03-19
·cited 4×
The court held that the FCC's decision regarding television broadcast licensees' obligations to child audiences was within its discretion and adequately explained. The FCC's consideration of programming from all video sources and its reaffirmation of licensee duties were proper.
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728 F.2d 322·
6th Cir.·
1984-02-23
·cited 4×
The FDA's permanent listing of D & C Green No. 5 is affirmed because the Delaney Clause does not prohibit additives with carcinogenic impurities at negligible risk levels, and the FDA acted within its discretion under the General Safety Clause.
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574 F.2d 1119·
3d Cir.·
1978-03-22
·cited 4×
The court held that the FCC's determination that New Jersey's television service allocation did not violate section 307(b) was not arbitrary, capricious, or an abuse of discretion, and that the imposed special service obligation was a reasonable remedy.
-
2021 WL 149265·
M.D. Fla.·
2024-09-11
·cited 2×
The court affirmed the agency's denial of Medicare coverage, holding that Encompass failed to adequately explain its reasons for appeal as required by regulation and that the ALJ decisions were supported by substantial evidence.
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994 F.2d 879·
D.C. Cir.·
1993-06-18
·cited 2×
The court held that the Secretary's interpretation of the Medicare PPS statute, which did not require adjustments for costs incurred after Medicare coverage exhaustion, was permissible under Chevron, and the promulgation of the regulations was not arbitrary or capricious.
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974 F.2d 380·
3d Cir.·
1992-09-02
·cited 2×
The court held that the certification documents required by 19 C.F.R. § 12.121(a) are 'reports, notices, or other information' under TSCA, and that the EPA has independent authority to enforce TSCA penalties for violations, even when Customs procedures also apply.
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960 F.2d 165·
D.C. Cir.·
1992-04-03
·cited 2×
The court held that the FLRA failed to provide a reasoned explanation for its application of § 704 of the CSRA and misconstrued the 'vitally affects' test, requiring a remand for further proceedings.
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960 F.2d 1515·
10th Cir.·
1992-04-03
·cited 2×
The Corps of Engineers did not violate NEPA or the Clean Water Act by issuing a permit for the Homestake II project because the Final Environmental Impact Statement was adequate, and the permit was conditioned on preventing wetland losses, which obviated the need for further stud
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941 F.2d 1253·
D.C. Cir.·
1991-08-20
·cited 2×
The FCC's dismissal of claims regarding RRAI's concealment of site problems and abuse of process by an RRAI principal was arbitrary and capricious because the agency failed to adequately explain its reasoning or consider crucial evidence.