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

• Overstreet Paving Co. v. State
  608 So. 2d 851· Fla. 2d DCA· 1992-10-09 ·cited 4×
  Overstreet Paving Company's low bid was rejected by the Department of Transportation as nonresponsive because a subcontractor's DBE form was missing from the bid packet. The court reversed, holding that when a low bidder provides prima facie evidence of submitting a complete bid,
• Dazzio v. Fed. Deposit Ins. Corp.
  970 F.2d 71· 5th Cir.· 1992-09-01 ·cited 4×
  The court held that the FDIC abused its discretion by improperly shifting the burden of proof regarding the petitioner's ability to pay and by failing to adequately consider statutory factors, necessitating a remand for reconsideration of the penalty.
• ST. Joseph Land & Dev. Co. v. Fla. Dep't of Natural Res.
  596 So. 2d 137· Fla. 1st DCA· 1992-03-17 ·cited 4×
  St. Joseph Land and Development Company challenged the Department of Natural Resources' imposition of a Coastal Construction Control Line (CCCL) on its Gulf County property, arguing DNR lacked jurisdiction because the land fronted on St. Joseph's Bay rather than the Gulf of Mexic
• City OF Holyoke GAS & Elec. Dep't v. Fed. Energy Regulatory Comm'n
  954 F.2d 740· D.C. Cir.· 1992-01-28 ·cited 4×
  The court held that the FERC acted arbitrarily and capriciously by failing to justify its use of rolled-in costs and by not disclosing the data and assumptions used in calculating the comparison rate, thus remanding for redetermination of rate reasonableness.
• State of N.Y. ex rel. NEW York State Dep't OF Env't Conservation v. Fed. Energy Regulatory Comm'n & Niagara Mohawk Power Corp.
  954 F.2d 56· 2d Cir.· 1992-01-13 ·cited 4×
  The Federal Energy Regulatory Commission (FERC) erred in determining that the Salmon River was not a navigable water of the United States, and thus its order denying licenses for Niagara Mohawk's hydropower projects was arbitrary and capricious.
• Michigan United Conservation Clubs v. Lujan
  949 F.2d 202· 6th Cir.· 1991-11-13 ·cited 4×
  The court held that the National Park Service regulation prohibiting trapping in national lakeshores unless specifically authorized by federal law is a reasonable interpretation of the enabling acts and the Organic Act.
• Commonwealth OF Mass. by its Dep't OF Pub. Welf. v. Yeutter
  947 F.2d 537· 1st Cir.· 1991-10-23 ·cited 4×
  The court held that while the Secretary of Agriculture had the authority to withhold funding for the Commonwealth's FSET program due to non-compliance with the mandatory participant requirement, the district court erred in deferring to the Secretary's broad substantive review aut
• Pub. Util. Dist. NO. 1 OF Douglas Cnty. v. Bonneville Power Administration
  947 F.2d 386· 9th Cir.· 1991-10-17 ·cited 4×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• Wind River Mining Corp. v. United States
  946 F.2d 710· 9th Cir.· 1991-10-08 ·cited 4×
  A plaintiff's unsupported legal characterization of an agency's action as 'ultra vires' does not preclude dismissal if the claim is not legally cognizable as such.
• Salt Lake City v. Western Area Power Administration
  926 F.2d 974· 10th Cir.· 1991-02-22 ·cited 4×
  The court held that the agency's requirement of utility responsibility for municipalities to receive preference under the statute contradicts Congress's clear intent.
• Int'l Union v. Dole
  919 F.2d 753· D.C. Cir.· 1990-11-27 ·cited 4×·via Arbitrary And Capricious Regulation
  The dissenting judge would remand regulations requiring proof of substantial or lasting deprivation of essential needs for waiver of overpayment, finding the requirement arbitrary and capricious.
• Off. OF Commc'n OF The United Church OF Christ & Action for Child's. Television v. Fed. Commc'ns Comm'n & the United States
  911 F.2d 813· D.C. Cir.· 1990-08-28 ·cited 4×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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
• Nw. Pipeline Corp. v. Fed. Energy Regulatory Comm'n
  905 F.2d 1403· 10th Cir.· 1990-06-13 ·cited 4×
  The court held that the Federal Energy Regulatory Commission (FERC) improperly asserted jurisdiction over certain natural gas gathering facilities by misapplying its own 'primary function' test and failing to adequately consider the specific facts of the case. The court reversed
• People OF the State OF Cal. v. Fed. Commc'ns Comm'n
  905 F.2d 1217· 9th Cir.· 1990-06-06 ·cited 4×
  The court held that the FCC's decision to lift structural separation requirements for BOCs was not arbitrary and capricious, as the FCC provided a reasoned explanation for its change in policy based on evolving market conditions and the costs of separation.
• Mazza v. Sec'y OF Dep't OF Health & Human Servs. of the United States
  903 F.2d 953· 3d Cir.· 1990-05-17 ·cited 4×
  The Social Security Administration's arbitrary and unguided processing of concurrent disability and SSI claims, by calculating Title II benefits first and offsetting them against potential SSI payments, was not in accordance with statutory intent and resulted in the denial of SSI
• Hyundai Elecs. Indus. Co., Ltd. v. United States Int'l Trade Comm'n
  899 F.2d 1204· Fed. Cir.· 1990-04-04 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court affirmed the International Trade Commission's exclusion order, holding that the certification provision for downstream products was a reasonable remedy within the Commission's discretion.
• RED TOP Mercury Mines, Inc. v. United States
  887 F.2d 198· 9th Cir.· 1989-10-03 ·cited 4×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• Emerson Sutton v. United States Dep't OF Hous. & Urban Dev.
  885 F.2d 471· 8th Cir.· 1989-09-19 ·cited 4×
  The court held that the appraiser had no constitutionally protected property or liberty interest in continued membership on the HUD fee appraiser panel, and HUD's decision not to recertify him was not arbitrary or capricious.
• Marks v. City OF Chesapeake
  883 F.2d 308· 4th Cir.· 1989-08-24 ·cited 4×·via Arbitrary And Capricious Action
  The court held that the City Council's denial of a conditional use permit based on public religious objections, rather than legitimate zoning concerns, was arbitrary and capricious, violating due process.
• Indep. U.S. Tanker Owners Comm. v. Skinner
  884 F.2d 587· D.C. Cir.· 1989-08-22 ·cited 4×·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  The court held that the appropriations rider applies prospectively and does not invalidate the rule because the rule is self-implementing, and that procedural challenges were without merit.
• EP Operating Co. v. Fed. Energy Regulatory Comm'n
  876 F.2d 46· 5th Cir.· 1989-06-27 ·cited 4×·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  The court held that the Green Canyon Line is an exempt gathering facility under section 1(b) of the Natural Gas Act, reversing the Commission's determination that it was a jurisdictional transportation facility.
• B.L. and R.W.H. v. Dep't of Health & Rehabilitative Servs.
  545 So. 2d 289· Fla. 1st DCA· 1989-03-28 ·cited 4×·via Arbitrary And Capricious Action
  Two school administrators challenged administrative determinations that they committed child abuse by administering corporal punishment that caused bruising lasting approximately one week. The court affirmed the Department's denial of expunction requests, holding that evidence of
• Prineville Sawmill Co., Inc. v. The United States
  859 F.2d 905· Fed. Cir.· 1988-10-14 ·cited 4×·via Arbitrary And Capricious Action
  The court held that the Forest Service abused its discretion by rejecting all bids due to minor estimate errors, as the rejection was arbitrary and capricious and lacked a reasonable basis. The Forest Service's power to reject bids is not unlimited and must comply with statutory
• Washington v. The Off. OF THE Comptroller OF THE Currency
  856 F.2d 1507· 11th Cir.· 1988-10-07 ·cited 4×
  The court held that the trial court did not err in considering the administrative record on a motion to dismiss, and that the OCC's denial of a hearing was not arbitrary or capricious, nor did it violate the APA's notice requirements in a way that warranted reversal.
• Danny and Carene Gettler v. Lyng
  857 F.2d 1195· 8th Cir.· 1988-09-22 ·cited 4×
  The court held that the Secretary of Agriculture's regulations implementing the Special Disaster Payment Program were not arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.
• Pub. Util. Dist. NO. 1 OF Clark Cnty. v. Johnson
  855 F.2d 647· 9th Cir.· 1988-08-30 ·cited 4×
  Claims involving alleged contractual breaches or tortious activity based on facts outside an administrative record must be heard in the Claims Court or district court, respectively, not the Court of Appeals.
• Bennie L. Wade v. Dep't OF the Navy
  829 F.2d 1106· Fed. Cir.· 1987-09-18 ·cited 4×
  The agency violated 5 C.F.R. § 630.401(a) by denying sick leave to an employee receiving medical treatment, and the removal for unauthorized absence was improper.
• Natural Res. Def. Council, Inc. v. Env't Prot. Agency & Lee M. Thomas
  824 F.2d 1211· D.C. Cir.· 1987-07-31 ·cited 4×
• Dep't of Health & Rehabilitative Servs. v. Fla. Ass'n OF Academic Nonpublic Schs.
  510 So. 2d 1028· Fla. 1st DCA· 1987-07-21 ·cited 4×
  The Department of Health and Rehabilitative Services appealed a final order invalidating a proposed administrative rule that attempted to define "integral programs" under Florida's child care licensing statute. The court affirmed, holding that the rule constituted an arbitrary an
• Augustine v. Brewer
  821 F.2d 365· 7th Cir.· 1987-05-28 ·cited 4×·via Arbitrary And Capricious Action
  The court held that the Parole Commission did not breach the plea agreement, abuse its discretion, or engage in double-counting when determining the petitioner's offense severity rating and presumptive parole date.
• Int'l Bhd. OF Teamsters v. Interstate Commerce Comm'n & United States
  818 F.2d 87· D.C. Cir.· 1987-05-08 ·cited 4×
  Legislation mooted one challenge, and the Commission acted within its discretion on the remaining challenge regarding competition.
• Nat'l Coal. Against THE Misuse OF Pesticides v. Thomas
  815 F.2d 1579· D.C. Cir.· 1987-04-17 ·cited 4×
  The court concurs with the decision to grant a temporary extension of the pesticide tolerance level for imported mangoes.
• Beltempo v. Hadden
  815 F.2d 873· 2d Cir.· 1987-04-07 ·cited 4×·via Arbitrary And Capricious Action
  The application of parole guidelines not in place at the time of sentencing does not violate the ex post facto clause, and the Parole Commission did not abuse its discretion in setting a presumptive parole date.
• Grace Petroleum Corp. v. Fed. Energy Regulatory Comm'n
  815 F.2d 589· 10th Cir.· 1987-03-31 ·cited 4×
  The court held that the Federal Energy Regulatory Commission acted arbitrarily and exceeded its authority by denying a small producer the ability to collect a higher rollover contract price for natural gas delivered during the period between the expiration of an old contract and
• Darwin Constr. Co., Inc. v. United States
  811 F.2d 593· Fed. Cir.· 1987-02-12 ·cited 4×·via Arbitrary And Capricious Action
  The court held that the Armed Services Board of Contract Appeals erred in reversing its initial decision to convert a termination for default into a termination for convenience, as the contracting officer's decision was arbitrary and capricious.
• W. Union Int'l, Inc. v. Fed. Commc'ns Comm'n & the United States
  804 F.2d 1280· D.C. Cir.· 1986-10-31 ·cited 4×
  The court held that the FCC did not violate its prior mandate, nor were its decisions arbitrary and capricious, and it fulfilled its statutory obligations.
• Nat'l Treas. Emps. Union v. Fed. Labor Relations Auth.
  802 F.2d 843· 6th Cir.· 1986-09-25 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Federal Labor Relations Authority's denial of backpay was not adequately explained and remanded the case for further consideration.
• Seattle Master Builders Ass'n v. Pac. Nw. Elec. Power & Conservation Planning Council (Northwest Power Planning Council)
  786 F.2d 1359· 9th Cir.· 1986-04-10 ·cited 4×·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  The court held that the method of selecting members of the Pacific Northwest Electric Power and Conservation Planning Council violates the Appointments Clause of the United States Constitution.
• Cent. Hardware Co. v. Central States
  770 F.2d 106· 8th Cir.· 1985-08-08 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  A multi-employer pension fund has the authority under its governing documents to reject employer payments that threaten its actuarial soundness, and such a decision, made in good faith, is binding.
• Idaho Power Co. v. Fed. Energy Regulatory Comm'n
  766 F.2d 1348· 9th Cir.· 1985-07-23 ·cited 4×·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  FERC is not required to determine a need for a proposed project when granting an exemption under section 213 of the Public Utilities Regulatory Policies Act of 1978.
• State OF Ohio v. United States Dep't of Health & Human Servs.
  761 F.2d 1187· 6th Cir.· 1985-05-17 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Secretary's disapproval of Ohio's Medicaid plan amendment was not supported by substantial evidence and vacated the decision, remanding for further proceedings to allow Ohio to demonstrate that its proposed services fall within the definition of 'medical a
• Action FOR Children's Television v. Fed. Commc'ns Comm'n & United States
  756 F.2d 899· D.C. Cir.· 1985-03-19 ·cited 4×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• Glenn M.W. Scott v. Food & Drug Admin.
  728 F.2d 322· 6th Cir.· 1984-02-23 ·cited 4×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• Sanderson v. Vill. OF Greenhills
  726 F.2d 284· 6th Cir.· 1984-02-01 ·cited 4×·via Arbitrary And Capricious Action
  The court held that the plaintiff's complaint stated a claim under 42 U.S.C. § 1983, as the village officials' actions in denying a license based on arbitrary opposition to the business could constitute a deprivation of a liberty interest.
• Nat'l Small Shipments Traffic Conf., Inc. v. Interstate Commerce Comm'n & United States
  725 F.2d 1442· D.C. Cir.· 1984-01-24 ·cited 4×
  The court held that the Interstate Commerce Commission's (ICC) new regulations allowing motor carriers to allocate higher platform handling costs to smaller shipments were valid, affirming the ICC's decision.
• D.E. v. Dep't OF THE Navy
  721 F.2d 1165· 9th Cir.· 1983-12-15 ·cited 4×
  The court held that the Merit Systems Protection Board may not presume a nexus between off-duty misconduct and agency performance, even in egregious cases, as this impermissibly shifts the burden of proof to the employee.
• Clement v. Sec. & Exch. Comm'n
  674 F.2d 641· 7th Cir.· 1982-04-05 ·cited 4×
  The court held that the SEC's order approving the CBOE rule change was conclusory and lacked sufficient reasoned analysis, particularly regarding its impact on competition and potential discrimination among dealers.
• Hotel Emp'rs Ass'n OF SAN Francisco v. Anne M. Gorsuch
  669 F.2d 1305· 9th Cir.· 1982-02-24 ·cited 4×·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  The court held that the EPA Administrator had a rational basis for approving San Francisco's sewer charge system, finding it compliant with statutory proportionality requirements and constitutional guarantees.
• Interpool Ltd. v. Fed. Mar. Comm'n & United States
  663 F.2d 142· D.C. Cir.· 1980-11-18 ·cited 4×
  The court held that the Federal Maritime Commission (FMC) misapplied the legal standard by failing to consider the competitive effects of tariff amendments, even if they were facially routine implementations of existing agreements.
• Monroe M. Tapper & Assocs. v. The United States
  602 F.2d 311· Ct. Cl.· 1979-07-18 ·cited 4×
  The court held that the contract's specific section on site utilities clearly permitted backfilling with earth, and other sections requiring gravel did not apply to utility trenches, thus the contract was not patently ambiguous.