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

• Black Citizens FOR A Fair Media v. Fed. Commc'ns Comm'n & United States
  719 F.2d 407· D.C. Cir.· 1983-10-07 ·cited 18×
  The dissent argues that the Communications Act mandates the FCC to investigate each broadcast license renewal applicant's programming to ensure service in the public interest, and the new postcard renewal plan improperly abandons this duty.
• Giacone v. Schweiker
  656 F.2d 1238· 7th Cir.· 1981-08-10 ·cited 18×
  The court held that a claimant's due process rights may be violated if the ALJ fails to inform them about the 'good cause' requirement for filing a late request for reconsideration, potentially waiving the exhaustion of administrative remedies requirement for judicial review.
• E. Tex. Motor Freight Lines, Inc. v. The United States & the Interstate Commerce Comm'n
  593 F.2d 691· 5th Cir.· 1979-04-23 ·cited 18×·via Judicial Review Of Agency Action (Arbitrary And Capricious Standard)
  The dissenting judge believes the Interstate Commerce Commission abused its discretion by granting extensive temporary operating authority without sufficient justification or explanation.
• Barnes Freight Line, Inc. v. The Interstate Commerce Comm'n & the United States
  569 F.2d 912· 5th Cir.· 1978-03-17 ·cited 18×
  The court held that the Interstate Commerce Commission abused its authority by reinstating the temporary operating authority of Ross Neely Express after it had falsified evidence, and that the court lacked jurisdiction to review the reinstatement of the permanent authority applic
• Monroe Cnty. Conservation Council, Inc. v. Brock Adams
  566 F.2d 419· 2d Cir.· 1977-11-22 ·cited 18×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Environmental Impact Statement (EIS) and Section 4(f) Statement adequately considered alternatives and social impacts, and the district court did not err in finding compliance with statutory requirements.
• Roskos v. The United States
  549 F.2d 1386· Ct. Cl.· 1977-02-23 ·cited 18×·via Arbitrary And Capricious Action
  A reassignment to a nonsupervisory position, even at the same grade and pay, constitutes a reduction in rank and an adverse action entitling the employee to procedural rights.
• DR. John T. MacDONALD Found., Inc. v. Mathews
  534 F.2d 633· 5th Cir.· 1976-07-02 ·cited 18×
  The court held that the Department of Health, Education, and Welfare (HEW) misinterpreted its own regulation when reducing Medicare reimbursement to a hospital based on revenue from leasing its radiology department.
• O-J Transp. Co. v. United States & Interstate Commerce Comm'n
  536 F.2d 126· 6th Cir.· 1976-06-04 ·cited 18×·via Arbitrary And Capricious Action
  The Interstate Commerce Commission did not abuse its discretion or act arbitrarily by denying O-J Transport's application for an automobile parts hauling certificate, as the Commission properly considered relevant transportation factors and was not required to grant preference ba
• Burglin v. Rogers C. B. Morton
  527 F.2d 486· 9th Cir.· 1975-12-19 ·cited 18×·via Arbitrary And Capricious Action
  The court held that the Secretary of the Interior has discretion to refuse to issue oil and gas leases, and that the initial rejection of offers due to illegible signatures was not an abuse of discretion.
• Duquesne Light Co. v. Env't Prot. Agency
  522 F.2d 1186· 3d Cir.· 1975-08-21 ·cited 18×
  The court held that the Administrator's approval of the Pennsylvania implementation plan was arbitrary and capricious because it failed to adequately consider the specific economic hardships and technological feasibility issues faced by the petitioning utilities.
• The Albany Welf. Rights Org. DAY Care Ctr., Inc. v. Schreck
  463 F.2d 620· 2d Cir.· 1972-06-09 ·cited 18×·via Arbitrary And Capricious Action
  The court held that the complaint sufficiently alleged a claim for relief, stating that plaintiffs had a factual foundation to establish retaliation by defendants.
• Am. Airlines, Inc. v. Civil Aeronautics Bd.
  445 F.2d 891· 2d Cir.· 1971-07-23 ·cited 18×·via Judicial Review Of Agency Action (Arbitrary And Capricious Standard)
  The court held that the Civil Aeronautics Board (CAB) did not act arbitrarily or capriciously by directing arbitration for airline employee seniority list integration disputes, even when one party expressed reluctance.
• PAN Am. Petroleum Corp. v. Fed. Power Comm'n
  322 F.2d 999· D.C. Cir.· 1963-07-18 ·cited 18×
  The Federal Power Commission has the authority to reconsider and modify its orders until the record is filed in a court of appeals or the time for judicial review has expired, even if rehearing petitions were initially deemed denied.
• United States v. Mischke
  285 F.2d 628· 8th Cir.· 1961-01-18 ·cited 18×·via Arbitrary And Capricious Action
  The court held that the necessity or expediency of taking property for a public use is a legislative, not a judicial, question, and therefore the trial court lacked jurisdiction to review the Secretary of the Army's determination.
• Huntington Broad. Co. v. Fed. Commc'ns Comm'n
  192 F.2d 33· D.C. Cir.· 1951-06-28 ·cited 18×
  The court held that the Federal Communications Commission did not act arbitrarily or capriciously in granting a broadcast permit to one applicant over another when both proposed to serve the same large metropolitan area.
• S. Cent. Bell Tel. Co. v. La. Pub. Serv. Comm'n
  744 F.2d 1107· 5th Cir.· 1984-10-11 ·cited 17×·via Arbitrary And Capricious Action
  The court held that the district court acted within its authority in issuing a modified preliminary injunction requiring the Louisiana Public Service Commission to grant a telephone rate increase sufficient to cover federally mandated depreciation expenses.
• Nor-Am Agric. Prods., Inc. v. Hardin
  435 F.2d 1133· 7th Cir.· 1970-07-15 ·cited 17×
  The court held that the Secretary's emergency suspension order was subject to judicial review and was an arbitrary exercise of authority.
• Sanitarians' Registration Bd. of the State of Fla. v. Solomon
  148 So. 2d 744· Fla. 1st DCA· 1963-01-22 ·cited 17×·via Arbitrary And Capricious Action
  The Sanitarians' Registration Board appealed a mandamus order compelling it to issue a certificate of registration to Eugene Solomon without examination under the 'grandfather clause' of Florida law. The court reversed, holding that mandamus was not the proper remedy because dete
• In re THE Petition OF Edward C. Johnson v. McNEILL
  151 Fla. 606· Fla.· 1942-10-23 ·cited 17×
  The Florida Supreme Court held that state circuit courts lack jurisdiction to enjoin or restrain the federal Securities and Exchange Commission from conducting administrative hearings on broker registration revocation. The court ruled that the Securities Exchange Act of 1934 vest
• State ex rel. Biscayne Stevedoring Co. v. Turner
  143 Fla. 424· Fla.· 1940-06-21 ·cited 17×·via Arbitrary And Capricious Action
  The Florida Supreme Court reviewed a mandamus petition by Biscayne Stevedoring Company against the Broward County Port Authority for denying its renewal permit to operate as a stevedore and offering only a restrictive permit limited to two shipping lines. The court held that the
• Nickolas J. White v. Moore
  789 So. 2d 1118· Fla. 1st DCA· 2001-06-21 ·cited 16×
  The court held that the circuit court departed from the essential requirements of law by denying mandamus relief when the Department of Corrections arbitrarily abandoned its own published drug testing procedures, violating the inmate's due process rights.
• Gardens Country Club, Inc. v. Palm Beach Cnty.
  712 So. 2d 398· Fla. 4th DCA· 1998-03-11 ·cited 16×·via Arbitrary And Capricious Action
  Gardens Country Club sought damages for inverse condemnation and due process violations after Palm Beach County refused to certify its development application under the 1980 Comprehensive Plan, instead requiring compliance with a proposed 1989 Plan that reduced allowable density.
• Browning-Ferris Indus. OF S. Jersey, Inc. v. Muszynski
  899 F.2d 151· 2d Cir.· 1990-03-26 ·cited 16×
  The court assumed jurisdiction for the purpose of the appeal only, without deciding the jurisdictional questions, and found that BFI's legal and equitable claims must fail on the merits.
• Marshall v. Lansing
  839 F.2d 933· 3d Cir.· 1988-02-10 ·cited 16×
  The court held that the writ of habeas corpus was issued in error and Marshall must be returned to prison, but the majority erred in voiding the penalty for Marshall's first prison infraction.
• Leopoldo Morales v. Garijak, Inc.
  829 F.2d 1355· 5th Cir.· 1987-10-19 ·cited 16×·via Arbitrary And Capricious Action
  The court held that the jury instructions mischaracterized the standard of fault for compensatory damages, but this error was harmless because the plaintiff had a higher burden of proof.
• State OF Ark. v. Block
  825 F.2d 1254· 8th Cir.· 1987-08-04 ·cited 16×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the 0.5% penalty level and county-based reporting unit for mail loss of food stamps were not arbitrary and capricious, but that the Secretary lacked authority to assess interest on penalties owed by a state.
• Indep. U.S. Tanker Owners Comm. v. Dole
  809 F.2d 847· D.C. Cir.· 1987-01-16 ·cited 16×
  The court held that the Secretary of Transportation exceeded her statutory authority by failing to provide an adequate explanation of how the "payback rule" serves the objectives of the Merchant Marine Act, rendering the rule arbitrary and capricious agency action.
• Yakima Valley Cablevision, Inc. v. Fed. Commc'ns Comm'n & the United States
  794 F.2d 737· D.C. Cir.· 1986-07-08 ·cited 16×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the FCC's decision to retroactively change its policy and refuse to resolve franchise fee disputes arising before the Cable Act was arbitrary and capricious due to a lack of reasoned explanation. However, the court deferred ruling on the Cable Act issues to a
• Carlin Commc'ns, Inc. v. Fed. Commc'ns Comm'n & United States
  787 F.2d 846· 2d Cir.· 1986-04-11 ·cited 16×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The FCC's access code regulation is arbitrary and capricious as applied to New York Telephone Company's one-way mass announcement service system, rendering it infeasible and unconstitutional for providers on that system.
• Salzer v. Fed. Commc'ns Comm'n
  778 F.2d 869· D.C. Cir.· 1985-12-13 ·cited 16×
  The FCC is entitled to adopt a strict 'complete and sufficient' standard for LPTV applications due to administrative burdens, but must provide explicit notice of all requirements. Salzer did not receive adequate notice regarding amendment timing and form, while Garnerlynn did.
• Fairview Twp. v. United States Env't Prot. Agency
  773 F.2d 517· 3d Cir.· 1985-09-23 ·cited 16×
  The court held that the district court erred in dismissing the citizens' suit as seeking money damages, but that the suit must be dismissed because the EPA Administrator was not under a nondiscretionary duty to review the application within 45 days. However, the district court ha
• Am. Mining Cong. v. Thomas
  772 F.2d 640· 10th Cir.· 1985-09-03 ·cited 16×
  The court held that the EPA promulgated the regulations within the statutory deadline by making them public on September 30, 1983, and that AMAX lacked standing to challenge the designation of molybdenum as a hazardous constituent.
• Menorah Med. Ctr. v. Heckler
  768 F.2d 292· 8th Cir.· 1985-07-24 ·cited 16×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the Malpractice Rule is invalid because it is arbitrary and capricious, lacks an adequate basis-and-purpose statement, and violates the Medicare Act's reasonable cost reimbursement provisions.
• Lynch v. United States Parole Comm'n & Michael Quinlan
  768 F.2d 491· 2d Cir.· 1985-07-22 ·cited 16×·via Arbitrary And Capricious Action
  The court held that the failure to disclose the pre-sentence report to the prisoner's counsel violated due process, but affirmed the Commission's right to deviate from the hearing examiners' recommendations and reversed the district court's order regarding consideration of co-def
• Elinor R. Bacon v. Dep't OF Hous. & Urban Dev.
  757 F.2d 265· Fed. Cir.· 1985-03-15 ·cited 16×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the agency's stated reason for the reduction-in-force (RIF), 'workload and skills imbalances,' was a proper basis under the applicable regulation, and that the Merit Systems Protection Board (MSPB) did not err in its decision.
• Citizens State Bank OF Marshfield v. Fed. Deposit Ins. Corp.
  751 F.2d 209· 8th Cir.· 1984-12-12 ·cited 16×
  The court held that the FDIC acted arbitrarily and capriciously in ordering a cease and desist remedy for conduct that no longer violates the Truth in Lending Act due to legislative amendments, and that the FDIC lacked the statutory authority to order reimbursement for such viola
• Dep't of Admin. v. Albanese
  445 So. 2d 639· Fla. 1st DCA· 1984-02-13 ·cited 16×
  The Florida Department of Administration's Division of Retirement adopted a rule requiring a $250 minimum monthly salary to earn full monthly retirement service credit, effectively creating a class of part-time workers ineligible for full credits despite meeting statutory require
• Plantation Residents' Ass'n, Inc. v. Sch. Bd. OF Broward Cnty.
  424 So. 2d 879· Fla. 1st DCA· 1982-12-16 ·cited 16×·via Arbitrary And Capricious Action
  The court held that the school board had the authority to maintain a racial mixture in schools and that minor deficiencies in an economic impact statement do not warrant reversal if proceedings are not rendered unfair.
• Roosevelt Campobello Int'l Park Comm'n v. United States Env't Prot. Agency
  684 F.2d 1034· 1st Cir.· 1982-08-10 ·cited 16×
  The court held that challenges to EPA's extensions under the automatic expiration rule were meritless, and that challenges to the initial 1975 rules permit were not ripe for review at that time.
• Waldemar P. Sherwin v. Sec'y OF Health & Human Servs.
  685 F.2d 1· 1st Cir.· 1982-06-22 ·cited 16×·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  The Social Security Administration's (SSA) Medical-Vocational Guidelines (the "Grid") are a valid exercise of rulemaking authority and were properly applied in this case. The claimant failed to demonstrate that the Grid itself is arbitrary or that its application to him was erron
• McDONOUGH v. United States Postal Serv.
  666 F.2d 647· 1st Cir.· 1981-11-18 ·cited 16×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Merit Systems Protection Board's decision to uphold the petitioner's removal from the Postal Service was reasonable and supported by a preponderance of the evidence.
• Star Delivery & Transfer v. United States & Interstate Commerce Comm'n
  659 F.2d 81· 7th Cir.· 1981-09-14 ·cited 16×
  The court held that the ICC's grant of operating authority was supported by substantial evidence and not arbitrary, even with a cursory decision, because the core findings were sufficiently supported and the protestant failed to demonstrate material harm.
• Chisholm v. Def. Logistics Agency & Merit Sys. Prot. Bd.
  656 F.2d 42· 3d Cir.· 1981-07-28 ·cited 16×·via Arbitrary And Capricious Action
  The conviction under 18 U.S.C. § 113(d) necessarily decided the issue of whether the appellant struck and shoved the victim, supporting his dismissal.
• Carruth v. The United States
  627 F.2d 1068· Ct. Cl.· 1980-07-02 ·cited 16×
  The court held that the Secretary of Agriculture had the statutory authority to reduce or deny price supports for peanuts containing Aspergillus flavus mold, but remanded for further fact-finding regarding the procedures used to identify the mold.
• Spartan Radiocasting Co. v. Fed. Commc'ns Comm'n
  619 F.2d 314· 4th Cir.· 1980-04-11 ·cited 16×
  The dissenting judge believes the FCC failed to engage in reasoned decision-making by abruptly reversing its position on nonduplication rules without adequate explanation.
• Nat'l Cong. OF Hispanic Am. Citizens (EL Congreso) v. Marshall
  626 F.2d 882· D.C. Cir.· 1979-12-27 ·cited 16×·via Judicial Review Of Agency Action (Arbitrary And Capricious Standard)
  The Secretary of Labor has discretion to set priorities and delay standard development in good faith, but must provide a reasonable timetable for standards that have been initiated.
• Ami-Chanco, Inc. v. The United States
  576 F.2d 320· Ct. Cl.· 1978-05-17 ·cited 16×
  The court held that the Medicare Provider Reimbursement Manual provisions disallowing stock maintenance costs were arbitrary and capricious, and thus plaintiff is entitled to reimbursement for these costs.
• The Squaw Transit Co. v. The United States & Interstate Commerce Comm'n
  574 F.2d 492· 10th Cir.· 1978-04-11 ·cited 16×
  The court held that the Interstate Commerce Commission (ICC) acted arbitrarily and capriciously by applying a de minimis rule to deny a gateway elimination application when its own precedent required a comparative analysis of traffic volumes, especially for small carriers.
• Hercules Inc. v. Fed. Power Comm'n
  552 F.2d 74· 3d Cir.· 1977-01-05 ·cited 16×
  The court held that the FPC cannot enforce payback obligations incurred under an unlawful curtailment plan that was later invalidated.
• Rodeway Inns OF Am., Inc. v. Frank
  541 F.2d 759· 8th Cir.· 1976-09-13 ·cited 16×
  The court held that competitor hotel owners lacked standing to challenge HUD's decision to allow a federally insured apartment building to convert to a hotel after the mortgage insurance had been paid out, as the relevant statutes and regulations only applied while the insurance