Arbitrary And Capricious Agency Action

543 Florida cases classified under this topic, plus 562 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Asphalt Pavers, Inc. v. State
  602 So. 2d 558· Fla. 1st DCA· 1992-04-30 ·cited 8×
  Asphalt Pavers submitted the lowest bid on a DOT road project but DOT rejected it as nonresponsive for missing a required Disadvantaged Business Enterprise (DBE) utilization form. The hearing officer found the form was submitted but lost by DOT after opening, and awarded the cont
• The Nat'l Wildlife Fed'n v. The Agric. Stabilization & Conservation Serv.
  955 F.2d 1199· 8th Cir.· 1992-02-05 ·cited 8×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court vacated the district court's judgment and remanded the case because subsequent amendments to the relevant statutes provided for a good-faith exemption and graduated sanctions, which required reconsideration by the Secretary of Agriculture.
• Curto v. City OF Harper Woods
  954 F.2d 1237· 6th Cir.· 1992-01-28 ·cited 8×·via Arbitrary And Capricious Action
  The court held that the district court erred in granting summary judgment on the plaintiff's claim that the ordinance was an unreasonable means of advancing a legitimate governmental interest, as the record was insufficient to determine if the 'three cars per bay' limit was arbit
• Brookwood-Jackson Cnty. Convalescent Ctr. & Brookwood-Walton Cnty. Convalescent Ctr. v. Dep't OF Health & Rehabilitative Servs.
  591 So. 2d 1085· Fla. 1st DCA· 1992-01-02 ·cited 8×
  The court held that the Department of Health & Rehabilitative Services (HRS) reasonably interpreted statutes and rules to require that the license holder of an existing facility must apply for a Certificate of Need (CON) to add beds, and that the applicants' certification that th
• R.I. Higher Educ. Assistance Auth. v. Sec'y, U.S. Dep't OF Educ.
  929 F.2d 844· 1st Cir.· 1991-04-05 ·cited 8×
  The court held that the 1987 amendments to the Higher Education Act could be constitutionally applied to preexisting contractual rights, and that the Secretary did not act arbitrarily in denying RIHEAA's waiver request.
• The City OF Kan. City v. Dep't of Hous. & Urban Dev.
  923 F.2d 188· D.C. Cir.· 1991-01-18 ·cited 8×
• Dep't of Bus. Reg. v. Martin Cnty. Liquors, Inc.
  574 So. 2d 170· Fla. 1st DCA· 1991-01-15 ·cited 8×
  The Department of Business Regulation's Division of Alcoholic Beverages and Tobacco appealed a hearing officer's ruling that application forms DBR 700L and policy Section 302 were invalid exercises of delegated legislative authority because they were not properly promulgated as r
• Smith v. Town OF Eaton
  910 F.2d 1469· 7th Cir.· 1990-08-21 ·cited 8×·via Arbitrary And Capricious Action
  The court affirmed the district court's grant of summary judgment, finding the appellant's constitutional claims lacked merit and imposing sanctions on his counsel for a substandard brief.
• Central Freight Lines (Substituted in place of Steere Tank Lines v. Interstate Commerce Comm'n & United States
  899 F.2d 413· 5th Cir.· 1990-05-01 ·cited 8×
  The court held that the Interstate Commerce Commission (ICC) had jurisdiction to issue a declaratory order determining that certain transportation of fertilizer within Texas was part of a continuous interstate movement, and that this order was reviewable by the court.
• Motel 6 v. Dep't of Bus. Reg.
  560 So. 2d 1322· Fla. 1st DCA· 1990-05-01 ·cited 8×
  Motel 6 challenged the Department of Business Regulation's determination that two proposed highway signs advertising room rates violated Florida's lodging establishment sign requirements. The court affirmed the Department's decision, holding that signs advertising even a single r
• Geo-Tech Reclamation Indus., Inc. v. Hamrick
  886 F.2d 662· 4th Cir.· 1989-09-25 ·cited 8×·via Arbitrary And Capricious Regulation
  The court held that the "significantly adverse to the public sentiment" clause of West Virginia's Solid Waste Management Act bears no substantial or rational relationship to the state's interest in promoting the general public welfare and is therefore unconstitutional.
• Shoals Am. Indus., Inc. v. The United States
  877 F.2d 883· 11th Cir.· 1989-07-17 ·cited 8×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the district court erred by failing to accord sufficient deference to the GAO's reasonable interpretation of procurement statutes and regulations when reviewing the agency's decision.
• Pacific Northwest Newspaper Guild v. Nat'l Labor Relations Bd.
  877 F.2d 998· D.C. Cir.· 1989-06-16 ·cited 8×
  The court held that the National Labor Relations Board failed to adequately explain its distinction between periodic dues and assessments in the context of a variable dues structure, requiring remand for further clarification.
• Lockert v. United States Dep't OF Labor
  867 F.2d 513· 9th Cir.· 1989-01-30 ·cited 8×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court affirmed the Secretary of Labor's decision, holding that the employee's termination was not in violation of the Energy Reorganization Act's whistleblower protections.
• Tribal Vill. OF Akutan v. Hodel
  869 F.2d 1185· 9th Cir.· 1988-10-05 ·cited 8×
  The court held that the Secretary's rejection of the Governor's recommendations was not arbitrary or capricious, the environmental impact statement adequately complied with NEPA, and the Secretary satisfied ESA requirements by taking reasonably adequate steps to protect endangere
• Everhart v. Otis R. Bowen, M.D.
  853 F.2d 1532· 10th Cir.· 1988-08-12 ·cited 8×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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
• Action FOR Children's Television v. Fed. Commc'ns Comm'n & United States
  852 F.2d 1332· D.C. Cir.· 1988-07-29 ·cited 8×
  The court upheld the FCC's generic definition of indecency but vacated its new channeling approach, finding it inadequately justified and potentially violative of the First Amendment.
• Fla. Mining & Materials Corp. v. City OF Port Orange
  518 So. 2d 311· Fla. 5th DCA· 1987-12-03 ·cited 8×·via Arbitrary And Capricious Action
  Florida Mining & Materials Corporation sought certiorari review of a city council decision denying its application for a special exception to construct a cement batch plant in a light industrial district. The court held that the city's denial was arbitrary and unsupported by comp
• Breese v. AWI, Inc.
  823 F.2d 100· 5th Cir.· 1987-07-30 ·cited 8×·via Arbitrary And Capricious Action
  A shipowner's impermissibly lax investigation into a seaman's claim for maintenance and cure, particularly when not based on medical advice, can constitute arbitrary and capricious conduct warranting punitive damages and attorney's fees.
• Natural Res. Def. Council, Inc. v. United States Env't Prot. Agency & United States
  824 F.2d 1258· 1st Cir.· 1987-07-17 ·cited 8×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• Groves-Watkins Constructors v. State
  511 So. 2d 323· Fla. 1st DCA· 1987-06-11 ·cited 8×
  A highway construction contractor challenged the Florida Department of Transportation's rejection of its low bid on a complex highway interchange project and demand for rebidding. The court held that the DOT violated administrative procedure by rejecting the hearing officer's fac
• Atl. Richfield Co. v. Bonneville Power Administration
  818 F.2d 701· 9th Cir.· 1987-06-03 ·cited 8×
  The court held that petitions challenging rates before final FERC approval are dismissed for lack of jurisdiction, and that the customer charge was a valid rate, not a breach of contract or arbitrary agency action.
• Romeo v. Centeno and Bruce A. Coane
  817 F.2d 1212· 5th Cir.· 1987-06-01 ·cited 8×·via Arbitrary And Capricious Action
  The court held that the consular officer's decision to deny Centeno a visa is not reviewable by a federal court.
• Int'l Union v. Gen. Dynamics Land Sys. Div.
  815 F.2d 1570· D.C. Cir.· 1987-04-14 ·cited 8×
  An employer's compliance with a specific OSHA standard does not discharge its statutory obligation under the general duty clause to protect employees from recognized hazards, especially when the employer knows the standard is inadequate.
• Univ. OF Cincinnati v. Sec'y OF Health & Human Servs.
  809 F.2d 307· 6th Cir.· 1987-01-15 ·cited 8×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
• Rutherford v. United States
  806 F.2d 1455· 10th Cir.· 1986-12-09 ·cited 8×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• Am. Fed'n OF Gov't Emps. v. Fed. Labor Relations Auth.
  802 F.2d 1159· 9th Cir.· 1986-10-20 ·cited 8×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• State OF Ohio v. Ruckelshaus
  776 F.2d 1333· 6th Cir.· 1985-11-15 ·cited 8×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
• Humhosco, Inc. v. Dep't of Health & Rehabilitative Servs.
  476 So. 2d 258· Fla. 1st DCA· 1985-09-25 ·cited 8×
  Humana Hospital challenged the facial validity of two Florida administrative rules governing certificate of need applications under the theory that they exceeded the Department of Health and Rehabilitative Services' delegated legislative authority. The First District Court of App
• Cities OF Campbell and Thayer v. Fed. Energy Regulatory Comm'n
  770 F.2d 1180· D.C. Cir.· 1985-08-23 ·cited 8×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court affirmed the FERC's order, holding that the contract language permitted unilateral rate increases under § 205 of the Federal Power Act.
• Falkowski v. Equal Emp. Opportunity Comm'n
  719 F.2d 470· D.C. Cir.· 1983-10-14 ·cited 8×
  The court held that summary judgment was improperly granted on claims alleging discriminatory denial of legal representation and arbitrary agency action, as genuine issues of material fact remained. However, summary judgment was affirmed on a claim barred by collateral estoppel.
• Icbc Corp. v. Fed. Commc'ns Comm'n
  716 F.2d 926· D.C. Cir.· 1983-09-02 ·cited 8×
  The court held that the FCC's denial of a waiver for a radio station's proposed nighttime operation was not arbitrary or capricious, as it was based on a rational policy of strictly enforcing a technical rule to maintain the integrity of the AM allocation scheme.
• Refrigerated Transp. Co., Inc. v. The Interstate Commerce Comm'n & the United States
  707 F.2d 497· 11th Cir.· 1983-06-16 ·cited 8×
  The court held that the Interstate Commerce Commission did not err in granting Cornett Transportation Company authority to transport food and related products, as the Commission properly considered the applicant's fitness and the public need, and its decision was supported by sub
• Johnson Oyster Co. v. Baldridge
  704 F.2d 1060· 9th Cir.· 1983-04-22 ·cited 8×
  The court held that the Secretary's determination of no commercial fishery failure was within his discretion and not subject to judicial review under the APA, and thus mandamus relief was unavailable.
• Mobil OIL Corp. v. Dep't OF Energy & James B. Edwards, Jr.
  678 F.2d 1083· Temp. Emer. Ct. App.· 1982-04-29 ·cited 8×
  The Department of Energy (DOE) may not retroactively repromulgate a regulation previously invalidated by the court, but it may prospectively enforce subsequent amendments to that regulation.
• Allen v. United States Parole Comm'n
  671 F.2d 322· 9th Cir.· 1982-03-11 ·cited 8×
  The court held that the United States Parole Commission did consider the petitioner's completion of the NARA program, and therefore did not act arbitrarily or capriciously in denying parole.
• Cities OF Aitkin v. Fed. Energy Regulatory Comm'n
  704 F.2d 1254· D.C. Cir.· 1982-03-05 ·cited 8×
  The court held that the Commission properly approved rate increases for depreciation and subtransmission costs but erred in rejecting petitioners' working capital study.
• Ohio Ass'n OF Cmty. Action Agencies v. Fed. Energy Regulatory Comm'n
  654 F.2d 811· D.C. Cir.· 1981-06-15 ·cited 8×
  The court held that section 206(d) of the Natural Gas Policy Act of 1978 authorizes the Federal Energy Regulatory Commission to exempt industrial users from the upper surcharge levels of its incremental pricing system. The court affirmed the Commission's order granting such an ex
• Fred v. Cherry V. the United States
  640 F.2d 1184· Ct. Cl.· 1980-11-19 ·cited 8×·via Arbitrary And Capricious Action
  The court held that the plaintiff has no judicial remedy for the alleged abuse of discretion by the Secretary of the Air Force, as the claim sounds in tort and the court lacks jurisdiction over such claims against the United States.
• Mass. Dep't OF Corr. v. LAW Enf't Assistance Admin.
  605 F.2d 21· 1st Cir.· 1979-09-13 ·cited 8×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Law Enforcement Assistance Administration's (LEAA) denial of a discretionary grant to the Massachusetts Department of Correction (MDOC) was supported by substantial evidence and not arbitrary or capricious, despite some procedural irregularities in the rev
• State v. Eash
  367 So. 2d 661· Fla. 2d DCA· 1979-01-31 ·cited 8×·via Arbitrary And Capricious Action
  The State appeals a trial court's dismissal of a marijuana possession charge after the state attorney arbitrarily refused to consent to the defendant's entry into a pretrial intervention program. The court holds that while prosecutorial consent is required by statute, a trial cou
• Chicago v. United States & Interstate Commerce Comm'n
  585 F.2d 254· 7th Cir.· 1978-10-04 ·cited 8×
  The court held that the ICC's dismissal of the Milwaukee's inclusion petition and alternative petition for protective conditions was arbitrary and capricious due to a lack of adequate notice and opportunity to be heard on the merits.
• Grumman Aerospace Corp. v. The United States
  579 F.2d 586· Ct. Cl.· 1978-06-14 ·cited 8×·via Arbitrary And Capricious Regulation
  The court should not dismiss any part of the petition and should remand all parts of the claim to the NASA Board for determination of quantum.
• Ohio Fast Freight, Inc. v. United States & Interstate Commerce Comm'n
  574 F.2d 316· 6th Cir.· 1978-03-17 ·cited 8×
  The court held that the Interstate Commerce Commission failed to articulate a reasoned basis for its partial gateway elimination order and its departure from established policy and burden of proof standards.
• Yale Univ. v. United States Dep't of Commerce
  579 F.2d 626· C.C.P.A.· 1977-12-01 ·cited 8×
  The court held that the Director's denial of duty exemptions was not supported by substantial evidence because the Director summarily adopted the conclusory recommendations of the Florence Committee without independent analysis of the evidence.
• Mobil Alaska Pipeline Co. v. United States & the Interstate Commerce Comm'n
  557 F.2d 775· 5th Cir.· 1977-07-29 ·cited 8×
  The Commission lacked the statutory authority to set an interim rate in the manner it did, as it failed to follow congressionally mandated ratemaking procedures and ignored statutory mechanisms for protecting parties.
• Camenisch v. United States
  553 F.2d 1271· D.C. Cir.· 1976-10-07 ·cited 8×·via Arbitrary And Capricious Action
• State of Tex. v. The United States
  537 F.2d 466· Ct. Cl.· 1976-07-09 ·cited 8×·via Arbitrary And Capricious Action
  The court held that the Federal-State Disaster Assistance Agreement did not provide a basis for the claim made by Texas.
• Urbina v. The United States
  530 F.2d 1387· Ct. Cl.· 1976-03-17 ·cited 8×·via Arbitrary And Capricious Action
  The court held that the agency's actions in reducing the plaintiff's pay and removing him from his job were justified and supported by substantial evidence, and that the government was not entitled to recover excess salary paid to the plaintiff.
• 7800 Bldg., Inc. v. City OF S. Miami
  305 So. 2d 860· Fla. 3d DCA· 1974-12-31 ·cited 8×·via Arbitrary And Capricious Action
  A municipal resolution cannot alter an assessment formula established by ordinance, and assessments based solely on zoning classification can be arbitrary and unconstitutional.