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

• Public Citizen v. Steed
  851 F.2d 444· D.C. Cir.· 1988-07-15 ·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the National Highway Traffic Safety Administration's (NHTSA) extension of the 'one-car credit' provision was not arbitrary or capricious, as it was supported by the rulemaking record and considered alternatives.
• Appeal of Ethel Bolden v. Blue Cross & Blue Shield Ass'n, Inc.
  848 F.2d 201· D.C. Cir.· 1988-05-17
  The court held that the Office of Personnel Management's (OPM) decision to limit the Blue Cross refund to enrollees as of May 1, 1985, was not arbitrary, capricious, or an abuse of discretion, and was supported by the statute and insurance industry practice.
• Safe Bldgs. Alliance v. Env't Prot. Agency
  846 F.2d 79· D.C. Cir.· 1988-05-10
  The court held that the Environmental Protection Agency's regulations implementing the Asbestos Hazard Emergency Response Act of 1986 were a reasonable interpretation of the Act's mandates, despite petitioners' claims of vagueness and lack of scientific basis.
• Ezell v. Bowen
  849 F.2d 844· 4th Cir.· 1988-05-09
  The court held that the district court properly dismissed the complaint for lack of subject matter jurisdiction because the appellant failed to raise a colorable statutory or constitutional claim.
• Sw. Pub. Serv. Co. v. Fed. Energy Regulatory Comm'n
  842 F.2d 1204· 10th Cir.· 1988-03-24
  The court held that the Commission's order requiring retroactive application of the normalization method for investment tax credits was arbitrary and capricious, and thus set aside. The court also upheld the Commission's decision regarding unbilled revenues.
• State OF W. Va. v. Interstate Commerce Comm'n & United States
  841 F.2d 1162· D.C. Cir.· 1988-03-22 ·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the Interstate Commerce Commission's decision to exempt a railroad's abandonment of a track segment from full regulatory review was not arbitrary, capricious, or contrary to law.
• Bayonet Point Reg'l Med. Ctr. v. Dep't of Health & Rehabilitative Servs.
  516 So. 2d 995· Fla. 1st DCA· 1987-11-24
  Bayonet Point Regional Medical Center appealed the Department of Health and Rehabilitative Services' denial of its certificate of need application for a cardiac catheterization laboratory and open-heart surgery service. The court found HRS's decision arbitrary and capricious beca
• Cowherd v. United States Dep't OF Hous. & Urban Dev.
  827 F.2d 40· 7th Cir.· 1987-07-22
  The court held that HUD's sale of the Stonekey II housing project without rental subsidies was not arbitrary or capricious, as it was rational and based on relevant factors, including cost and a finding of no local need for such housing.
• Royce Int'l Broad. Co. v. Fed. Commc'ns Comm'n
  820 F.2d 1332· D.C. Cir.· 1987-06-30 ·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the FCC's dismissal of Royce's application was not arbitrary or capricious, as Royce failed to establish good cause for amendments and its application lacked crucial engineering data.
• Psychiatric Hosps. OF Fla., Inc. v. State
  500 So. 2d 190· Fla. 1st DCA· 1986-09-16
  Psychiatric Hospitals of Florida, Inc. (Horizon Hospital) challenged the Department of Health and Rehabilitative Services' inventory of its specialty beds, arguing the amended statutes did not apply to existing licenses and that the inventory process was arbitrary and capricious.
• Wyo. Cmty. Dev. Auth. v. Baker
  801 F.2d 364· 10th Cir.· 1986-09-10
  The court held that the district court erred in dismissing the case for lack of subject matter jurisdiction without considering Rev. Proc. 81-30, which may provide a basis for jurisdiction and impact the Anti-Injunction Act analysis.
• Coal. FOR THE Env't v. Nuclear Regulatory Comm'n & United States
  795 F.2d 168· D.C. Cir.· 1986-07-11
  The court held that the Nuclear Regulatory Commission's rule eliminating case-by-case financial qualifications review for electric utilities seeking operating licenses is consistent with the Atomic Energy Act and not arbitrary or capricious. The court also dismissed a petition ch
• Town OF Summersville v. Fed. Energy Regulatory Comm'n
  780 F.2d 1034· D.C. Cir.· 1986-01-10
  The court held that FERC was not required to hold Summersville's license application in abeyance because FERC had no prior policy to do so, and the Wild and Scenic Rivers Act did not mandate such a procedure.
• Comm. OF 100 ON the Fed. City v. Hodel
  777 F.2d 711· D.C. Cir.· 1985-11-08
  Section 22(b) controls exchanges of national park property for other property within a national park, not Section 9(c) which applies only to boundary revisions. The public hearing requirement of Section 22(b) does not mandate a hearing specifically on property valuation, and the
• ALL Am. Cables & Radio, Inc. v. Fed. Commc'ns Comm'n
  736 F.2d 752· D.C. Cir.· 1984-06-15
  The court held that the FCC's order granting Puerto Rico Telephone Company (PRTC) authority to displace All America Cables and Radio, Inc. (All America) as Puerto Rico's long-distance carrier was not arbitrary and capricious.
• Biscayne Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  572 F. Supp. 997· S.D. Fla.· 1983-09-09
  The court held that the FHLBB's decision to appoint a receiver was an abuse of discretion, and that the constitutional claims were cognizable in this action.
• Se. Pa. Transp. Auth. v. Interstate Commerce Comm'n
  682 F.2d 91· 3d Cir.· 1982-06-28 ·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  The court held that the Rail Service Planning Office's order assigning commuter rail accident costs to SEPTA was not arbitrary or capricious and was consistent with the statute.
• Kersey v. Shipley
  673 F.2d 731· 4th Cir.· 1982-03-22 ·via Arbitrary And Capricious Action
  The court held that the former police officers were not denied due process because their employment interests were defined by a state statute that did not guarantee a pre-termination hearing and allowed the Chief of Police to reject a panel's advisory recommendation.
• Public Citizen v. Dep't of Health & Human Servs.
  671 F.2d 518· D.C. Cir.· 1981-11-30
  The court should order the government to implement regulations or provide notice and comment for changes.
• Greyhound Lines, Inc. v. Interstate Commerce Comm'n & United States
  667 F.2d 151· D.C. Cir.· 1981-10-09 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Interstate Commerce Commission's (ICC) finding of public convenience and necessity was supported by substantial evidence and not arbitrary, capricious, or an abuse of discretion, specifically approving the use of adoption testimony.
• Ramoco Inc. v. Andrus
  649 F.2d 814· 10th Cir.· 1981-05-27 ·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the Secretary of the Interior's narrow interpretation of the 'justifiable' and 'reasonable diligence' standards for lease reinstatement is not arbitrary, capricious, or an abuse of discretion.
• Canadian Tarpoly Co. v. United States Int'l Trade Comm'n & Sealed Air Corp.
  649 F.2d 855· C.C.P.A.· 1981-05-18
  The court granted Sealed Air's motion to intervene as a party appellee in the pending appeal, despite the motion being filed late.
• Harris v. The United States
  640 F.2d 1309· Ct. Cl.· 1981-01-28
  The court held that the plaintiff's removal from his overseas position was procedurally sound and supported by substantial evidence, affirming the Civil Service Commission's decision.
• Ward Trucking Corp. v. United States & Interstate Commerce Comm'n
  636 F.2d 33· 3d Cir.· 1980-12-01 ·via Arbitrary And Capricious Action
  The court held that the ICC's grant of temporary trucking authority was supported by 'some evidence' and was not arbitrary or capricious.
• Cont'l Grain Co. v. United States & Interstate Commerce Comm'n
  603 F.2d 939· D.C. Cir.· 1979-06-19
  The court held that the Interstate Commerce Commission (ICC) failed to provide a substantial evidentiary basis or a rational explanation for its orders condemning the Cal Harbor Shuttle arrangement while approving similar unit-train operations.
• Home BOX Off., Inc. v. Fed. Commc'ns Comm'n & United States
  587 F.2d 1248· D.C. Cir.· 1978-09-20 ·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the FCC's decision to defer regulation of broadcaster exclusivity practices in favor of market forces and antitrust enforcement was a rational exercise of its discretion.
• ST. Louis Airport Authority-City OF ST. Louis v. Civil Aeronautics Bd.
  561 F.2d 148· 8th Cir.· 1977-08-24
  The court held that the Civil Aeronautics Board's refusal to expand the scope of its Seattle/Portland-Japan Service Investigation to include St. Louis's proposals was not an abuse of discretion.
• Johnson Serv. Co. v. Fla. Elec. Contractors Licensing Bd.
  347 So. 2d 808· Fla. 1st DCA· 1977-06-30
  The court affirmed dismissal of plaintiffs' complaint seeking injunctive relief to compel the licensing board to administer an electrical contractors examination, holding that the complaint failed to allege sufficient facts of arbitrary and capricious conduct to invoke judicial j
• Fredrickson Motor Express Corp. v. Interstate Commerce Comm'n & the United States
  546 F.2d 104· 5th Cir.· 1977-01-28 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Interstate Commerce Commission has the authority to approve tariff provisions that combine the weight of interstate and intrastate traffic for the purpose of assessing interstate freight charges, even though it cannot regulate intrastate rates directly.
• Philadelphia Cmty. Cable Coal. v. Fed. Commc'ns Comm'n
  531 F.2d 1240· 3d Cir.· 1976-03-19 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court denied petitions to vacate FCC orders regarding cable television franchise transfers.
• Rosser v. Newman
  528 F.2d 1025· 5th Cir.· 1976-03-18
  The court held that the plaintiff failed to establish a prima facie case of due process violations or arbitrary and capricious agency action regarding his denied repromotions.
• Gardner v. The Nashville Hous. Auth. OF the Metro. Gov't OF Nashville & Davidson Cnty.
  514 F.2d 38· 6th Cir.· 1975-04-10 ·via Arbitrary And Capricious Action
  The court affirmed the district court's dismissal of the plaintiffs' complaints, finding no clear error in the factual findings or legal conclusions regarding urban redevelopment.
• Tamiami Trail Tours, Inc. v. Fla. Pub. Serv. Comm'n
  308 So. 2d 30· Fla.· 1975-01-29
  Tamiami Trail Tours challenged the Florida Public Service Commission's grant of permanent transportation authority to Greyhound Lines for service between Dunnellon and Ocala, arguing that Tamiami's earlier application should have been adjudicated first. The Florida Supreme Court
• Rhone-Poulenc S.A. v. Dann
  507 F.2d 261· 4th Cir.· 1974-12-03
  The court held that requiring cancellation of the phrase 'and anti-tumour' from a patent specification, without allowing an amendment to restrict the claim to supported uses, was arbitrary and capricious.
• Greensboro Television Co. v. Fed. Commc'ns Comm'n & United States
  502 F.2d 475· D.C. Cir.· 1974-08-16 ·via Judicial Review Of Agency Action (Arbitrary And Capricious Standard)
  The court held that the FCC's refusal to approve a withdrawal agreement between a renewal applicant and a competing applicant, where the challenger sought reimbursement for expenses, was not arbitrary, especially after the policy statement relied upon was invalidated.
• Luce v. The United States
  498 F.2d 1348· Ct. Cl.· 1974-06-19 ·via Arbitrary And Capricious Action
  A disappointed bidder cannot recover bid preparation costs without showing the government acted fraudulently, arbitrarily, capriciously, or contrary to regulations.
• Nelson v. Kleppe
  494 F.2d 514· 5th Cir.· 1974-05-28
  The court held that the Supreme Court's decision in Arnett v. Kennedy adversely disposes of the appellant's constitutional due process contentions.
• Wilson v. The United States
  492 F.2d 1190· Ct. Cl.· 1974-02-20 ·via Arbitrary And Capricious Action
  The court held that genuine factual disputes exist, precluding summary judgment for either party.
• William F. Wilke, Inc. v. Dep't OF the Army OF the United States
  490 F.2d 917· 4th Cir.· 1973-12-17
  The dissenting judge holds that the district court erred in denying injunctive relief because the Army arbitrarily transgressed statutory limits and its own regulations.
• Bay Crest Util. Co. v. Hillsborough Cnty. Comm'n
  38 Fla. Supp. 61· Hillsborough Cty. Cir. Ct.· 1973-01-16 ·via Arbitrary And Capricious Action
  Bay Crest Utility Co. successfully challenged the Hillsborough County Commission's revocation of its sewage treatment franchise on grounds that the Commission lacked statutory authority to enforce pollution laws and acted arbitrarily and capriciously. The court issued a writ of c
• Alvis N. Dowd v. Fed. Commc'ns Comm'n
  463 F.2d 834· D.C. Cir.· 1972-04-10
  The court held that the FCC's denial of a waiver to amend a broadcast license application was not arbitrary or capricious, as the appellant's alleged hardships did not constitute extraordinary circumstances justifying a waiver of the freeze.
• Sittenfeld v. Tobriner
  459 F.2d 1137· D.C. Cir.· 1971-12-30 ·via Arbitrary And Capricious Action
  The court held that appellants waived their claim for damages by settling the condemnation action without litigating the probability of rezoning, and that the Zoning Commission members were immune from suit for damages.
• Airman First Class Jonathan O. Lawson and Airman First Class Gregory L. Palmer v. Laird
  443 F.2d 617· 5th Cir.· 1971-06-15
  The court held that the Air Force's denial of conscientious objector applications for insufficient documentation constituted a final administrative decision, allowing immediate access to habeas corpus relief.
• McDONALD v. The United States
  436 F.2d 477· Ct. Cl.· 1971-01-22
  The court held that the executor was not entitled to recover deductions made from the deceased's retired pay before his divorce, as the election to participate in the annuity plan was a binding agreement for which consideration was provided.
• Eden v. Lim P. LEE
  433 F.2d 1077· 9th Cir.· 1970-11-03
  The court held that the Post Office Department's order to refund all impounded funds was arbitrary and unwarranted because the settlement agreement, as interpreted by the parties and contract law, allowed for 'cured' breaches, and the revised advertisement was found to have cured
• Cieboter v. O'Connell
  236 So. 2d 470· Fla. 1st DCA· 1970-06-16 ·via Arbitrary And Capricious Action
  A doctoral candidate in Education sought mandamus to compel the University of Florida to consider his completed dissertation and administer his final examination. The court affirmed denial of the petition, holding that university officials have broad discretion in determining stu
• Fla. Publ'g Co. v. SAM Newey & Assocs., Inc.
  33 Fla. Supp. 140· Duval Cty. Cir. Ct.· 1970-01-13 ·via Arbitrary And Capricious Action
  The court affirmed the plaintiffs' legal standing and the appropriateness of a declaratory judgment action, while remanding for further factual determination regarding the validity of a CATV franchise granted by the county.
• Thompson v. The United States
  405 F.2d 1239· Ct. Cl.· 1969-01-24
  The court held that the plaintiff was not entitled to disability retirement pay because his claimed mental condition was a personality disorder, not a service-connected disease.
• Richter's Jewelry Co., Inc. v. TAX Assessor
  31 Fla. Supp. 116· Dade Cty. Cir. Ct.· 1968-10-16 ·via Arbitrary And Capricious Action
  The court held that the tax assessment was invalid, arbitrary, capricious, excessive, and a denial of due process because no semblance of an attempt to reach fair market value was made and no reliable sources were consulted.
• Martin Bros., Inc. v. City of S. Miami
  31 Fla. Supp. 187· Dade Cty. Cir. Ct.· 1968-08-01 ·via Arbitrary And Capricious Action
  Landowners challenged the City of South Miami's denial of their rezoning application from RU-1A to RU-5 for garden apartment development. The circuit court found the zoning restrictions arbitrary, confiscatory, and lacking any substantial relationship to public health, safety, mo