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

• Jackson-Shaw Co. v. Jacksonville Aviation Auth.
  2007 U.S. Dist. LEXIS 844· M.D. Fla.· 2007-01-08 ·cited 2×·via Arbitrary And Capricious Action
  The court held that the Jacksonville Aviation Authority's lease agreement with Majestic Realty Company was not unlawful under JAA's Charter, Florida Statutes, or the Florida Constitution, as it did not constitute an unlawful joint ownership or lending of credit.
• Int'l Truck & Engine Corp. v. Cap. Truck, Inc.
  872 So. 2d 372· Fla. 1st DCA· 2004-04-28 ·cited 2×
  ITEC and Ward sought review of a DHSMV order abating administrative proceedings regarding a motor vehicle dealership license for Ward. The court held that the agency's abatement was arbitrary and without legal basis, as it effectively granted an unauthorized stay despite a final
• Costco Wholesale Corp. v. Orange Cnty.
  780 So. 2d 198· Fla. 5th DCA· 2001-02-02 ·cited 2×·via Arbitrary And Capricious Regulation
  Costco challenged Orange County's ordinance requiring a 5,000-foot separation between package stores as an unconstitutional exercise of police power that lacked substantial relationship to public health, safety, or welfare. The court reversed the trial court's upholding of the or
• Bd. OF Clinical Lab. Pers. v. Fla. Ass'n OF Blood Banks
  721 So. 2d 317· Fla. 1st DCA· 1998-08-03 ·cited 2×
  The Board of Clinical Laboratory Personnel appealed an administrative law judge's decision invalidating proposed rules that increased licensure requirements for laboratory employees performing blood banking tests. The Florida District Court of Appeal reversed, holding that the pr
• Lost Tree Vill. Corp. v. Bd. OF Trs. OF THE Internal Improvement Tr. Fund
  698 So. 2d 634· Fla. 4th DCA· 1997-09-03 ·cited 2×
  Lost Tree Village Corporation appealed amendments to Florida Administrative Code rules that restrict construction of bridges and utility lines over submerged sovereign land owned by the Internal Improvement Trust Fund (IITF), preventing the company from developing residential isl
• Hubbard Constr. Co. v. Dep't OF Transp.
  642 So. 2d 1192· Fla. 1st DCA· 1994-09-29 ·cited 2×
  Hubbard Construction Company challenged the Department of Transportation's rejection of its lowest bid as nonresponsive based on a minor discrepancy. The court reversed the department's final order, finding that the hearing officer's recommendation was supported by competent subs
• Organized Fishermen of Fla., Inc. v. Franklin
  846 F. Supp. 1569· S.D. Fla.· 1994-03-18 ·cited 2×
  The court affirmed the magistrate's report and recommendation, granting summary judgment for the defendants because the plaintiffs failed to raise material issues of fact regarding due process violations or arbitrary and capricious agency action.
• Everett v. City of Tallahassee
  840 F. Supp. 1528· N.D. Fla.· 1993-07-02 ·cited 2×·via Arbitrary And Capricious Action
  The court held that the City's denial of the plaintiff's rezoning request was not arbitrary or capricious, as it was based on a consistently applied policy regarding non-residential development along Thomasville Road.
• Episcopal Hosp. v. Shalala
  994 F.2d 879· D.C. Cir.· 1993-06-18 ·cited 2×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• Hanover Potato Prods., Inc. v. Shalala
  989 F.2d 123· 3d Cir.· 1993-03-19 ·cited 2×
  The court held that the government's position was not substantially justified because it failed to make the administrative record available, causing unnecessary litigation and prejudice, thus entitling the prevailing party to attorney's fees under the EAJA.
• Gulf Power Co. v. Fed. Energy Regulatory Comm'n
  983 F.2d 1095· D.C. Cir.· 1993-01-22 ·cited 2×
  The court held that the Federal Energy Regulatory Commission's (FERC) decision to deny Gulf Power Company a retroactive waiver for passing through coal contract buyout costs was arbitrary and capricious due to a disproportionate penalty and failure to consider equitable factors a
• B.J. Reid v. Rolling Fork Pub. Util. Dist.
  979 F.2d 1084· 5th Cir.· 1992-12-23 ·cited 2×·via Arbitrary And Capricious Action
  The court held that the jury's finding of a conceivable rational basis for the District's denial of service, as determined by Interrogatory No. 1, was dispositive of the equal protection claim, rendering subsequent interrogatories irrelevant.
• ALM Corp. v. United States Env't Prot. Agency
  974 F.2d 380· 3d Cir.· 1992-09-02 ·cited 2×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• State OF Wyo. v. Alexander
  971 F.2d 531· 10th Cir.· 1992-07-27 ·cited 2×
  The court held that the Education Appeal Board's decision regarding the set aside requirements and the Fremont County supplanting issue were supported by substantial evidence and permissible interpretations of the VEA. However, the court remanded the Sheridan County grant issue d
• City OF NEW Orleans v. Sec. & Exch. Comm'n
  969 F.2d 1163· D.C. Cir.· 1992-07-17 ·cited 2×
  The court held that while the SEC's approval of the transaction did not violate section 11 of PUHCA, critical findings supporting the approval under section 10 were not supported by substantial evidence.
• Gardner v. City OF Baltimore Mayor & City Council
  969 F.2d 63· 4th Cir.· 1992-07-06 ·cited 2×·via Arbitrary And Capricious Action
  The court held that appellants possessed no property interest protected by the Fourteenth Amendment because Baltimore's land-use regulations granted city officials discretion regarding development approval.
• Carroll Olson v. Hart
  965 F.2d 940· 10th Cir.· 1992-06-03 ·cited 2×·via Arbitrary And Capricious Action
  The court held that a pro se litigant's complaint, even if styled as a mandamus petition, could be construed as a habeas corpus petition or a Section 1983 claim for deprivation of due process rights, and thus should not have been dismissed on abstention grounds.
• Holy Cross Wilderness Fund v. Madigan
  960 F.2d 1515· 10th Cir.· 1992-04-03 ·cited 2×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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
• United States Info. Agency v. Fed. Labor Relations Auth.
  960 F.2d 165· D.C. Cir.· 1992-04-03 ·cited 2×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• Granite Constr. Co. v. The United States
  962 F.2d 998· Fed. Cir.· 1992-04-01 ·cited 2×·via Arbitrary And Capricious Action
  The court held that the Corps' demand for strict compliance and removal of waterstop, despite its substantial adequacy and the economic waste involved, was arbitrary and capricious, entitling the contractor to damages.
• Energy Transp. Grp., Inc. v. Mar. Admin. & United States
  956 F.2d 1206· D.C. Cir.· 1992-02-21 ·cited 2×
  The court held that Energy Transportation Group (ETG) lacked standing to challenge the sale of tankers, as its appeals were moot or based on speculative harm, and the Maritime Administration acted within its discretion.
• State v. Health Care & Ret. Corp. OF Am.
  593 So. 2d 539· Fla. 1st DCA· 1992-01-17 ·cited 2×
  The Florida Department of Health and Rehabilitative Services appealed an administrative hearing officer's decision regarding Medicaid reimbursement instructions for nursing homes. The court affirmed the hearing officer's finding that HRS's interpretation of reimbursement instruct
• Mendoza v. Merit Sys. Prot. Bd.
  949 F.2d 391· Fed. Cir.· 1991-11-18 ·cited 2×
  The court held that the Merit Systems Protection Board (MSPB) abused its discretion by dismissing the appeal as untimely without considering the appellant's stated reasons for the delay.
• Francis E. Heydt Co. v. United States
  948 F.2d 672· 10th Cir.· 1991-11-04 ·cited 2×
  The court held that the district court abused its discretion by granting declaratory relief and awarding attorney fees under the EAJA because the equitable relief sought lacked significant prospective effect and the monetary claim belonged in the Claims Court.
• David Ortiz Radio Corp. v. Fed. Commc'ns Comm'n
  941 F.2d 1253· D.C. Cir.· 1991-08-20 ·cited 2×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  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.
• Morales v. Merit Sys. Prot. Bd.
  932 F.2d 800· 9th Cir.· 1991-05-06 ·cited 2×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the district court erred in granting summary judgment on the retaliatory discharge claim because a genuine issue of material fact regarding credibility remained, but affirmed summary judgment on the non-discrimination claims.
• First S. Prod. Credit Ass'n v. The Farm Credit Admin.
  926 F.2d 339· 4th Cir.· 1991-02-19 ·cited 2×
  The court held that the Agricultural Credit Act of 1987 does not permit the Farm Credit Administration to require the merger of the Farm Credit Bank of Texas with the Federal Intermediate Credit Bank of Jackson, as the statute's plain language mandates mergers only between specif
• Thomas v. Dick Cheney
  925 F.2d 1407· Fed. Cir.· 1991-02-12 ·cited 2×
  The court held that the district court correctly reversed the board's determination that Major Thomas was administratively AWOL, as there was no statutory or regulatory authority for such a designation and Thomas was not absent from any validly assigned post.
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n
  924 F.2d 961· 9th Cir.· 1991-02-01 ·cited 2×
  The court held that UTU has standing to petition for review, but IAM does not. It further held that 49 U.S.C. § 11347 does not mandate labor protection for employees in this case, but remanded for the ICC to consider its discretionary authority under 49 U.S.C. § 11344(c).
• Great W. Bank v. Off. OF Thrift Supervision
  916 F.2d 1421· 9th Cir.· 1990-10-18 ·cited 2×
  The Bank Board's decision denying the merger application was not arbitrary and capricious because the appellants' prior memorandum of understanding did not pertain to the specific transaction that would result in their exit from the FSLIC fund, thus they were not grandfathered fr
• A.J. Taft Coal, Inc. v. Connors
  906 F.2d 539· 11th Cir.· 1990-07-19 ·cited 2×·via Arbitrary And Capricious Action
  The court held that the term 'coal' in the National Bituminous Coal Wage Agreement does not include extraneous moisture, allowing producers to deduct its weight when calculating contributions.
• Marentette v. Local 174
  907 F.2d 603· 6th Cir.· 1990-07-03 ·cited 2×·via Arbitrary And Capricious Action
  The court held that summary judgment was inappropriate because genuine issues of material fact existed regarding the interpretation of the term 'Journeyman' in the CBA and the union's duty of fair representation.
• Detsel v. Louis Sullivan, M.D.
  895 F.2d 58· 2d Cir.· 1990-02-01 ·cited 2×
  The court held that the Secretary's interpretation of 42 C.F.R. § 440.80, which denied Medicaid reimbursement for private duty nursing services provided to a handicapped child while attending school, was unreasonable and an arbitrary application of the regulation.
• Wash. Urban League v. Fed. Energy Regulatory Comm'n
  886 F.2d 1381· 3d Cir.· 1989-09-25 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) reasonably interpreted a settlement agreement, allowing Columbia Gas Transmission Corp. to retain certain refunds, and that FERC did not act arbitrarily or capriciously in upholding the settlement's terms over co
• Cernuda v. Heavey
  720 F. Supp. 1544· S.D. Fla.· 1989-09-18 ·cited 2×
  The court held that original works of art constitute 'informational materials' exempt from the Trading With the Enemy Act (TWEA) under the 1988 amendment, and that this amendment applies retroactively.
• Ingram Barge Co. v. United States
  884 F.2d 1400· D.C. Cir.· 1989-08-15 ·cited 2×
  The court held that the Bowaters Act does not require the Coast Guard to conduct a pre-issuance investigation into an applicant's compliance with its criteria, and that the Coast Guard's issuance of certificates without such an investigation was not arbitrary and capricious, even
• S. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  877 F.2d 1066· D.C. Cir.· 1989-06-30 ·cited 2×
  The court held that Southern Natural Gas Company was not aggrieved by FERC's rejection of its alternative minimum bill tariff because it received its primary tariff filing, but that FERC's rejection of the Alagasco transportation tariff was arbitrary and remanded for further proc
• van Vranken v. United States Dep't OF Energy
  882 F.2d 514· Temp. Emer. Ct. App.· 1989-06-22 ·cited 2×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the Department of Energy (DOE) could refuse to accept refund applications submitted by class counsel on behalf of a Rule 23 class in a section 209 proceeding, as this would improperly commingle public and private enforcement actions.
• Falk v. Secretary OF THE Army
  870 F.2d 941· 2d Cir.· 1989-03-30 ·cited 2×
• Limerick Ecology Action, Inc. v. United States Nuclear Regulatory Comm'n & the United States
  869 F.2d 719· 3d Cir.· 1989-02-28 ·cited 2×
  The court, in a dissenting opinion, held that the Nuclear Regulatory Commission (NRC) acted arbitrarily and capriciously in excluding the risk of sabotage from its environmental impact assessment for the Limerick nuclear power plant.
• State OF Cal. v. Bennett
  849 F.2d 1227· 9th Cir.· 1988-06-20 ·cited 2×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Secretary lacked good cause to disallow field trip expenditures and that the disallowance of multi-purpose conference expenses was proper, while remanding for further determination on lodging expenses.
• Corey v. Nat'l Transp. Safety Bd.
  822 F.2d 9· 2d Cir.· 1987-06-26 ·cited 2×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that it lacked jurisdiction to review nonfinal orders and denied the petition for review of the final orders before it.
• Barnett v. Caspar Weinberger
  818 F.2d 953· D.C. Cir.· 1987-05-15 ·cited 2×
  The court held that the Department of Defense's regulations defining 'custodial care' were invalid as applied to Rachael Barnett, because her hospitalization was medically necessary to sustain her life and thus fell outside the statutory exclusion.
• Granville House, Inc. v. The Dep't OF Health
  813 F.2d 881· 8th Cir.· 1987-03-06 ·cited 2×
  The court held that Granville House, Inc. is entitled to attorneys' fees under the Equal Access to Justice Act because the government's position was not substantially justified, and reversed the district court's denial of fees.
• Alam Ganem v. Bowen
  811 F.2d 1575· D.C. Cir.· 1987-02-20 ·cited 2×·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  The court held that the Secretary's determination that Iran has a social insurance system of general application was not arbitrary and capricious, and therefore affirmed the district court's decision.
• Lineas Aereas del Caribe, S.A. v. Dep't OF Transp.
  791 F.2d 972· D.C. Cir.· 1986-06-03 ·cited 2×
  The court held that the FAA's exemption criteria and deadlines for aircraft noise regulations were rational and reasonably implemented the agency's mandate, affirming the agency's decisions.
• Beaufort Cnty. Broad. Co. v. Fed. Commc'ns Comm'n
  787 F.2d 645· D.C. Cir.· 1986-04-11 ·cited 2×
  The court held that the FCC properly denied the petitioner's motions for an evidentiary hearing and amendment of its application, and that the FCC rationally applied its policies regarding community designations for broadcast licenses.
• United States v. Albertini
  783 F.2d 1484· 9th Cir.· 1986-03-06 ·cited 2×·via Arbitrary And Capricious Action
  The court held that the application of a military base bar letter, even if inconsistently enforced or issued without a prior hearing, was not so patently arbitrary as to violate due process.
• Colo. Dep't OF Soc. Servs. v. The Dep't OF Health & Human Servs.
  771 F.2d 1422· 10th Cir.· 1985-08-30 ·cited 2×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Department of Health and Human Services Departmental Grant Appeals Board acted within its authority by imposing a 12-month time limit on continued federal funding during state administrative and judicial review of decertification decisions.
• Alexander v. Trs. OF Boston Univ.
  766 F.2d 630· 1st Cir.· 1985-06-25 ·cited 2×
  The Department of Education's regulations requiring registration-exempt students to certify their status to receive federal aid are reasonably related to the Solomon Amendment's purpose and thus do not exceed statutory authority.