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

• Planned Parenthood Fed'n OF Am. v. Louis Sullivan, M.D.
  913 F.2d 1492· 10th Cir.· 1990-09-06 ·cited 6×
  The court held that the 1988 amendments to HHS regulations facially violate a pregnant woman's Fifth Amendment right to choose abortion and her physician's First Amendment right to speak about abortion.
• Action FOR Child's. Television & Off. of Commc'n of the United Church of Christ v. Fed. Commc'ns Comm'n & United States
  906 F.2d 752· D.C. Cir.· 1990-06-26 ·cited 6×
  The court held that petitioners waived their claim that the FCC failed to address their comments by not raising it in a petition for reconsideration. The court also denied the petition challenging the FCC's failure to require more programming information, deferring to a related c
• Cont'l Training Servs., Inc. v. Lauro Cavazos
  893 F.2d 877· 7th Cir.· 1990-01-10 ·cited 6×·via Arbitrary And Capricious Action
  The Department of Education's interpretation of 'otherwise eligible' in 20 U.S.C. § 1094(c)(1)(D) is contrary to the plain meaning of the statute, and therefore, the agency is not entitled to deference.
• Am. Postal Workers Union, AFL-CIO v. United States Postal Serv.
  891 F.2d 304· D.C. Cir.· 1989-12-08 ·cited 6×
  The court agrees with the majority opinion that the Postal Service did not adequately justify its rule change permitting international remailing.
• Puerto Rican Cement Co., Inc. v. United States Env't Prot. Agency
  889 F.2d 292· 1st Cir.· 1989-10-31 ·cited 6×
  The court held that the EPA's denial of a non-applicability determination (NAD) was lawful and that the company could not build the new kiln without obtaining a Prevention of Significant Deterioration (PSD) permit.
• Boston Edison Co. v. Fed. Energy Regulatory Comm'n
  885 F.2d 962· 1st Cir.· 1989-09-14 ·cited 6×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court affirmed the Federal Energy Regulatory Commission's orders setting electricity rates, finding that FERC acted within its legal power and discretion in determining the rate of return and cost recovery.
• Wash. State Health Facilities v. State OF Wash.
  879 F.2d 677· 9th Cir.· 1989-07-14 ·cited 6×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• Felton v. Fayette Sch. Dist.
  875 F.2d 191· 8th Cir.· 1989-05-19 ·cited 6×·via Arbitrary And Capricious Action
  The court held that a school district's rule requiring good citizenship for participation in off-campus vocational programs, when applied to a student adjudicated delinquent, does not violate the Equal Protection Clause under a rational basis review.
• Gilbert v. Fed. Mine Safety & Health Review Comm'n & Sandy Fork Mining Co., Inc.
  866 F.2d 1433· D.C. Cir.· 1989-01-27 ·cited 6×
  The court held that the Commission erred in dismissing the miner's individual complaint due to retroactive application of a new rule and that the Commission's finding that the miner acted in bad faith was not supported by substantial evidence.
• Fla. Parole & Prob. Comm'n v. Dornau
  534 So. 2d 789· Fla. 1st DCA· 1988-11-18 ·cited 6×
  The Florida Parole and Probation Commission appealed a mandamus order directing it to reinstate Frederick Dornau's presumptive parole release date (PPRD) without regard to a sentencing judge's objection to his release. The appellate court reversed, finding no statutory violation
• Anchor Pointe Boat-A-Minium Ass'n, Inc. v. Vern Meinke
  860 F.2d 215· 6th Cir.· 1988-10-28 ·cited 6×
  The court held that the district court lacked jurisdiction over Anchor Pointe's Fifth Amendment taking claim because equitable relief is not available for an authorized taking, and claims exceeding $10,000 must be brought in the U.S. Claims Court under the Tucker Act.
• Astroline Commc'ns Co. Ltd. P'ship v. Fed. Commc'ns Comm'n
  857 F.2d 1556· D.C. Cir.· 1988-09-27 ·cited 6×
  The court held that the Commission erred in denying an evidentiary hearing without properly applying the statutory two-step analysis for petitions to deny, particularly concerning allegations of de facto control.
• AT & T Info. Sys., Inc. v. Fed. Commc'ns Comm'n & United States
  854 F.2d 1442· D.C. Cir.· 1988-08-30 ·cited 6×
  The FCC's imposition of a refurbishment charge on ATT-IS for certain equipment was arbitrary and lacked reasoned support, failing to adequately balance investor and ratepayer interests.
• Weigner v. The City OF NEW York
  852 F.2d 646· 2d Cir.· 1988-07-14 ·cited 6×·via Arbitrary And Capricious Action
  The dissenting judge argues that New York City's tax foreclosure procedures are constitutionally invalid due to insufficient notice and arbitrary "release" provisions, violating due process and equal protection.
• Acumenics Research & Tech. v. United States Dep't OF Just.
  843 F.2d 800· 4th Cir.· 1988-04-05 ·cited 6×·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  The court held that Acumenics failed to demonstrate that disclosure of unit pricing information would cause substantial competitive harm, and thus the district court did not err in upholding the DOJ's decision to release the information.
• Shanty Town Assocs. Ltd. P'ship v. Env't Prot. Agency
  843 F.2d 782· 4th Cir.· 1988-04-04 ·cited 6×
  The court held that the EPA had statutory authority to impose grant conditions restricting development to further the FWPCA's water quality goals, and that the plaintiff had standing to challenge these conditions.
• McCARTHY Bros. Constr. Co. v. Pierce
  832 F.2d 463· 8th Cir.· 1987-10-22 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the contract's definition of substantial completion, which required a HUD representative's signature on a Trip Report, controlled over the architect's certification, thus denying the incentive fee claim.
• Satellite Broad. Co., Inc. v. Fed. Commc'ns Comm'n
  824 F.2d 1· D.C. Cir.· 1987-07-07 ·cited 6×
  The court held that the FCC failed to provide adequate notice of its filing location rules, making the dismissal of SBC's applications arbitrary and capricious.
• Manatee Cnty. v. Marks
  504 So. 2d 763· Fla.· 1987-04-09 ·cited 6×
  The court held that the Public Service Commission's denial of Manatee County's request to change a telephone service exchange boundary was supported by competent, substantial evidence and was not arbitrary.
• John W. Fitzhugh, M.D. v. Drug Enforcement Administration
  813 F.2d 1248· D.C. Cir.· 1987-03-24 ·cited 6×
  The court affirmed the administrator's order revoking the petitioner's DEA certificate of registration, finding that the petitioner received a full and fair hearing and that the administrator did not abuse his discretion.
• Hillsborough Cnty. Bd. of Cnty. Comm'rs v. Longo
  505 So. 2d 470· Fla. 2d DCA· 1987-02-27 ·cited 6×·via Arbitrary And Capricious Action
  Hillsborough County Board of County Commissioners sought certiorari review of a circuit court order that overturned the Board's zoning decision denying a property owner's request to rezone from residential to commercial use. The appellate court granted certiorari, finding the cir
• AT & T Info. Sys., Inc. v. Gen. Servs. Admin.
  810 F.2d 1233· D.C. Cir.· 1987-02-13 ·cited 6×·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  An agency's decision to release confidential commercial information over objection must be based solely on the administrative record, and cannot be justified by post-hoc affidavits submitted during litigation.
• Harvey v. Merit Sys. Prot. Bd.
  802 F.2d 537· D.C. Cir.· 1986-10-07 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the Board's findings that Harvey committed prohibited personnel practices by deliberately idling Gorsey and subjecting him to arbitrary and capricious treatment were not supported by substantial evidence.
• Mountain States Legal Found. v. Hodel
  799 F.2d 1423· 10th Cir.· 1986-08-22 ·cited 6×
  The court held that the case should be remanded for fact-finding to determine if the government's failure to remove wild horses from private land constitutes a Fifth Amendment taking.
• Granville House, Inc. v. The Dep't OF Health
  796 F.2d 1046· 8th Cir.· 1986-07-18 ·cited 6×
  The court held that Granville is entitled to attorneys' fees under the Equal Access to Justice Act because the government's position was not substantially justified, and the common fund theory was inapplicable.
• Gargiul v. Tompkins
  790 F.2d 265· 2d Cir.· 1986-05-14 ·cited 6×·via Arbitrary And Capricious Action
  The dissent argues that New York res judicata law does not preclude the plaintiff's section 1983 claim, and that the majority erred in considering the good-faith immunity defense.
• Tex. Power & Light Co. v. Fed. Commc'ns Comm'n & the United States
  784 F.2d 1265· 5th Cir.· 1986-03-17 ·cited 6×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The FCC acted arbitrarily by excluding deferred taxes and requiring community-specific proof for rights-of-way investment in pole attachment rate calculations.
• Captain Dale M. Hartikka v. United States
  754 F.2d 1516· 9th Cir.· 1985-03-06 ·cited 6×
  The dissenting judge believes the district court should be affirmed because the plaintiff has shown genuinely extraordinary irreparable injury due to the stigma of a general discharge, distinguishing it from ordinary employment termination cases.
• Interstate Natural GAS Ass'n OF Am. v. Fed. Energy Regulatory Comm'n
  756 F.2d 166· D.C. Cir.· 1985-03-05 ·cited 6×
  The court held that the Federal Energy Regulatory Commission (FERC) must vacate the offset provision in Order No. 399-A, as it improperly delayed refunds mandated by a prior court decision and lacked adequate explanation for the reversal of its earlier prohibition on offsets.
• N.Y. State Energy Research & Dev. Auth. v. Fed. Energy Regulatory Comm'n
  746 F.2d 64· D.C. Cir.· 1984-10-19 ·cited 6×
  The court held that FERC acted arbitrarily and capriciously by rejecting NYSERDA's license application as untimely, failing to apply its own rule allowing for exceptions in the interest of justice.
• Ewing v. Bd. OF Regents OF the Univ. OF Mich.
  742 F.2d 913· 6th Cir.· 1984-09-06 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the arbitrary and capricious deprivation of a constitutionally cognizable right, arising from an implied contractual understanding of non-arbitrary dismissal, states a valid cause of action under 42 U.S.C. § 1983.
• NEW England Coal. ON Nuclear Pollution v. Nuclear Regulatory Comm'n & The United States
  727 F.2d 1127· D.C. Cir.· 1984-02-07 ·cited 6×
  The court held that the Nuclear Regulatory Commission's rule eliminating financial qualifications review for electric utilities lacked a rational connection between the facts found and the choice made, failing to meet the requirements of the Administrative Procedure Act.
• Pollgreen v. Morris
  579 F. Supp. 711· S.D. Fla.· 1984-01-24 ·cited 6×
  The court held that the plaintiffs established a viable defense of duress and coercion, entitling them to summary judgment and mitigation of fines under 8 U.S.C. § 1323.
• Smith v. Snow
  722 F.2d 630· 11th Cir.· 1983-12-14 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the Georgia Parole Board's unfettered discretion in clemency proceedings means no constitutional right to procedural due process or Eighth Amendment protection against arbitrary application of the death penalty at this stage.
• Conway v. Watt
  717 F.2d 512· 10th Cir.· 1983-09-21 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the absence of a date on an oil and gas drawing entry card cannot be a per se disqualification, as it is a trivial, non-substantive error.
• Home Health Care, Inc. v. Heckler
  717 F.2d 587· D.C. Cir.· 1983-08-30 ·cited 6×
  The court held that limiting a provider's leased car expenses to a reasonable level, based on comparable providers, does not violate the Medicare Act's prohibition against federal interference with medical services. However, the intermediary's failure to comply with regulations i
• Abrams v. United States Dep't OF THE Navy
  714 F.2d 1219· 3d Cir.· 1983-08-11 ·cited 6×
  The court held that an agency is not always required to present evidence beyond a conviction for violent off-duty misconduct to establish a nexus to the efficiency of the service, but the employee must demonstrate the absence of adverse effects on co-workers and agency goals to r
• S.W. v. State
  431 So. 2d 339· Fla. 2d DCA· 1983-05-18 ·cited 6×·via Arbitrary And Capricious Action
  The court held that the City of Palmetto's curfew ordinance is unconstitutional because it unduly infringes upon the personal rights and liberties of minors.
• AD HOC Telecomms. Users Comm. v. Fed. Commc'ns Comm'n & United States
  680 F.2d 790· D.C. Cir.· 1982-06-11 ·cited 6×
  The court held that the FCC failed to adequately explain its determination that WATS and MTS services are 'like' for the purposes of 47 U.S.C. § 202(a), particularly regarding customer perception of functional equivalency.
• United States Fid. & Guar. Co. v. The United States
  676 F.2d 622· Ct. Cl.· 1982-04-07 ·cited 6×·via Arbitrary And Capricious Action
  The court, in a concurring opinion, suggests that while the contracting officer's actions may have been negligent, the extent of his duty to protect the surety against loss has not been clearly defined in precedent.
• Saulque v. United States & Cecil Andrus
  663 F.2d 968· 9th Cir.· 1981-12-14 ·cited 6×
  The court held that the denial of the Indian allotment application was proper because the land was unsuitable for agricultural purposes and the government was not estopped from denying the application due to unauthorized acts of its agents.
• People OF the State OF Ill. v. United States & Interstate Commerce Comm'n
  668 F.2d 923· 7th Cir.· 1981-10-05 ·cited 6×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Interstate Commerce Commission's decision to permit abandonment of a railroad line was not erroneous as a matter of law, as the merger conditions did not legally prohibit abandonment and the ICC's factual findings were supported by substantial evidence.
• Doubleday Broad. Co., Inc. v. Fed. Commc'ns Comm'n
  655 F.2d 417· D.C. Cir.· 1981-06-26 ·cited 6×
  The court held that the FCC acted arbitrarily and capriciously by denying Doubleday's request for conforming call signs, as the denial was inconsistent with prior FCC decisions in substantially similar cases.
• Miss. Pub. Serv. Comm'n v. Interstate Commerce Comm'n & United States
  650 F.2d 551· 5th Cir.· 1981-06-25 ·cited 6×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court affirmed the ICC's order allowing abandonment, finding it supported by substantial evidence and not arbitrary or capricious.
• Santos v. Miami Region
  642 F.2d 21· 1st Cir.· 1981-03-04 ·cited 6×
  The court held that the employee's speech was not constitutionally protected and that the removal was not arbitrary or capricious, affirming the agency's decision in part.
• Elvin B. Miller v. Langhorne M. Bond
  641 F.2d 997· D.C. Cir.· 1981-02-05 ·cited 6×
  The court held that the FAA's notice of proposed suspension was insufficient because it failed to provide specific and detailed reasons for rejecting the employees' sick leave claims, and that the denial of sick leave was procedurally defective due to the agency's failure to prov
• Action ON Smoking AND Health v. Harris
  655 F.2d 236· D.C. Cir.· 1980-12-19 ·cited 6×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• Nat'l Pork Producers Council v. Bergland
  631 F.2d 1353· 8th Cir.· 1980-09-23 ·cited 6×·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  The court held that the USDA's regulations permitting nitrate and nitrite-free meat products to be sold under traditional names, with specific labeling, were a proper exercise of authority and not arbitrary, capricious, or unlawful.
• Wine Indus. OF Fla., Inc. v. Miller
  609 F.2d 1167· 5th Cir.· 1980-01-15 ·cited 6×
  ATF Rule 77-4 is unconstitutional because it conflicts with Florida law, and the federal interest is insufficient to override state regulation under the Twenty-first Amendment.
• Abbruzzese v. Berzak
  601 F.2d 107· 3d Cir.· 1979-07-06 ·cited 6×
  The court held that an employee who fails to file a timely appeal, even if relying on erroneous advice, forfeits their appeal rights and does not have a constitutional claim for a hearing.