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

• Shell OIL Co. v. Fed. Energy Regulatory Comm'n
  664 F.2d 79· 5th Cir.· 1981-12-17 ·cited 12×
  FERC abused its discretion by applying a 7% interest rate to refunds owed to Shell, when its general regulations mandated a higher rate, without providing valid justification for the departure.
• Celanese Chem. Co., Inc. v. The United States & Interstate Commerce Comm'n
  632 F.2d 568· 5th Cir.· 1980-12-11 ·cited 12×
  The court held that the Interstate Commerce Commission (ICC) did not adequately consider national energy policy and failed to provide sufficient justification for certain rate additives, requiring remand for further consideration.
• CF&I Steel Corp. v. Econ. Dev. Admin.
  624 F.2d 136· 10th Cir.· 1980-06-20 ·cited 12×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Economic Development Administration's (EDA) approval of a loan guarantee for Wheeling-Pittsburgh Steel was rational and supported by the administrative record, and that the trial court did not err in its review.
• Dawson v. Andrus
  612 F.2d 1280· 10th Cir.· 1980-01-15 ·cited 12×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the Bureau of Land Management's disqualification of the plaintiff's oil and gas lease offer for failure to pay the first year's rental within the prescribed time was not arbitrary or capricious.
• Solar Energy Control, Inc. v. State of Fla. Dep't of Health & Rehabilitative Servs.
  377 So. 2d 746· Fla. 1st DCA· 1979-11-21 ·cited 12×
  Solar Energy Control sought judicial review of a state agency's decision to reject all bids on a window film installation contract and rebid the project, despite petitioner's bid being the lowest conforming bid. The court ordered an administrative hearing and enjoined further bid
• Lair v. Fauver
  595 F.2d 911· 3d Cir.· 1979-03-22 ·cited 12×·via Arbitrary And Capricious Action
  The court held that the district court should reconsider the appellant's claim regarding his inter-prison transfer, as a recent state court decision may have created a justifiable expectation of treatment under state law, potentially implicating due process rights.
• City OF Tampa v. Islands Four, Inc.
  364 So. 2d 738· Fla. 2d DCA· 1978-09-27 ·cited 12×
  The City of Tampa denied Islands Four's application to renew its public dance hall license based on noise ordinance violations. The trial court found the city acted arbitrarily and capriciously and awarded damages. The appellate court reversed, holding that sufficient competent e
• The Other Place OF Miami, Inc. v. The City OF Hialeah Gardens
  353 So. 2d 861· Fla. 3d DCA· 1977-12-06 ·cited 12×·via Arbitrary And Capricious Action
  The Other Place, a liquor vendor, appealed the dismissal of its complaint seeking to enjoin enforcement of a city ordinance reducing alcoholic beverage sales closing hours from 3:00 A.M. to 1:00 A.M. The court affirmed the dismissal, holding that the city's regulation of sales ho
• Niagara Univ. v. Nat'l Labor Relations Bd.
  558 F.2d 1116· 2d Cir.· 1977-07-21 ·cited 12×
  The court held that the National Labor Relations Board's exclusion of certain religious faculty from the bargaining unit was arbitrary and not supported by substantial evidence.
• Ideal Basic Indus., Inc. v. Rogers C. B. Morton
  542 F.2d 1364· 9th Cir.· 1976-09-28 ·cited 12×
  The Interior Board of Land Appeals (IBLA) had the authority to reconsider a prior administrative decision, and the applicant had not exhausted administrative remedies by failing to participate in further fact-finding proceedings.
• Sch. Bd. OF Leon Cnty. v. Goodson
  335 So. 2d 308· Fla. 1st DCA· 1976-06-30 ·cited 12×·via Arbitrary And Capricious Action
  A school principal lacks authority to enter into contractual agreements binding the School Board without express Board approval, and even if an agreement between a principal and teacher existed, it would be superseded by the teacher's subsequent standard-form annual contract cont
• Ger-Ro-Mar, Inc. v. Fed. Trade Comm'n
  518 F.2d 33· 2d Cir.· 1975-06-16 ·cited 12×
  The court held that the FTC failed to provide substantial evidence that the multi-level marketing plan had the capacity to deceive, as it relied solely on an abstract mathematical theorem without relating it to marketplace realities. However, the court affirmed FTC findings regar
• Metro. Dade Cnty. v. The Babcock Co.
  287 So. 2d 139· Fla. 3d DCA· 1973-12-21 ·cited 12×·via Arbitrary And Capricious Action
  The court held that the trial court did not err in quashing the Board's order denying the developer's application for temporary use of septic tanks.
• Nat'l Labor Relations Bd. v. Local 542
  485 F.2d 387· 3d Cir.· 1973-09-20 ·cited 12×·via Arbitrary And Capricious Action
  The court held that the National Labor Relations Board's order to reinstate Szuchon to the referral list and award back pay was enforceable, as the Union's disparate treatment of Szuchon compared to a union member violated the National Labor Relations Act.
• Algie v. Surratt
  463 F.2d 378· 5th Cir.· 1972-06-20 ·cited 12×
  The court held that the district court properly denied the NLRB's motion to dismiss for lack of subject matter jurisdiction, as the NLRB's mechanistic application of its blocking charge principle denied plaintiffs due process.
• Application of Anastasios Vassiliou and Verna K. Vassiliou v. Dist. Dir. OF Immigr. & Naturalization Serv.
  461 F.2d 1193· 10th Cir.· 1972-06-16 ·cited 12×
  The court held that the Immigration and Naturalization Service did not abuse its discretion or act arbitrarily and capriciously in denying further extensions for voluntary departure.
• Unterberg v. The United States
  412 F.2d 1341· Ct. Cl.· 1969-07-16 ·cited 12×·via Arbitrary And Capricious Action
  The court held that the plaintiff failed to present clear and convincing evidence that the Navy's determination of his fitness for duty at the time of his release was arbitrary, capricious, or unsupported by substantial evidence.
• Vitex Mfg. Co., Ltd. v. The Gov't OF the Virgin Islands
  351 F.2d 313· 3d Cir.· 1965-10-13 ·cited 12×·via Arbitrary And Capricious Action
  The court held that the Industrial Incentive Board lacked the power to impose a time limitation on Vitex's temporary permit to employ non-resident labor, and its revocation based on this invalid limitation and unrelated economic factors was arbitrary and capricious.
• Nat'l Labor Relations Bd. v. Hood Corp. & Contractors' Equip. Supply Co.
  346 F.2d 1020· 9th Cir.· 1965-05-24 ·cited 12×·via Arbitrary And Capricious Action
  The court held that an alleged oral agreement regarding voter eligibility is insufficient to override a written consent election agreement that makes the Regional Director's determinations final and binding.
• Shasta Minerals & Chem. Co. v. Sec. & Exch. Comm'n
  328 F.2d 285· 10th Cir.· 1964-02-28 ·cited 12×
  A trial court has discretion to inquire whether an administrative subpoena is arbitrary or outside statutory authority, even if the underlying investigation is within the agency's purview.
• United States v. Arison Agee
  322 F.2d 139· 6th Cir.· 1963-08-30 ·cited 12×·via Arbitrary And Capricious Action
  The court held that while judicial review of administrative decisions in eminent domain is narrow, it is permissible to review for bad faith, and the District Court correctly found no bad faith in the taking of the entire tract.
• Fort Harrison Telecasting Corp. v. Fed. Commc'ns Comm'n & United States
  324 F.2d 379· D.C. Cir.· 1963-06-27 ·cited 12×
  The dissenting judge believes the Commission's action to transfer Channel 2 from Springfield to St. Louis violates Section 307(b) and is arbitrary.
• City OF Holly Hill v. State of Fla. ex rel. GEM Enters., Inc.
  132 So. 2d 29· Fla. 1st DCA· 1961-07-06 ·cited 12×·via Arbitrary And Capricious Action
  The court held that the city's refusal to transfer Gem's liquor license was arbitrary and that Gem was entitled to a writ of mandamus because a package store is a permissible use in Business Zone AA.
• MacARTHUR Liquors, Inc. v. Palisades Citizens Ass'n
  265 F.2d 372· D.C. Cir.· 1959-03-19 ·cited 12×
• McMAHON v. City OF Dubuque
  255 F.2d 154· 8th Cir.· 1958-05-08 ·cited 12×·via Arbitrary And Capricious Action
  A city's refusal to rezone property for commercial use, even if it has higher commercial value, is permissible under its police power if it aligns with a comprehensive zoning plan and is not arbitrary or capricious.
• Hsuan WEI v. Robinson
  246 F.2d 739· 7th Cir.· 1957-06-28 ·cited 12×·via Arbitrary And Capricious Action
  An alien admitted for specific training as a foreign official must maintain that status; failure to do so, including refusing to depart as ordered, subjects them to deportation, and the savings clause of the 1952 Act does not preserve a right to ignore status requirements.
• Howell v. Hiatt
  199 F.2d 584· 5th Cir.· 1952-10-28 ·cited 12×
  The court held that a prisoner cannot obtain a review of a parole revocation decision through habeas corpus in the district where he is held, especially without joining members of the Parole Board.
• Hamilton Nat. Bank v. Dist. of Columbia
  156 F.2d 843· D.C. Cir.· 1946-06-28 ·cited 12×·via Arbitrary And Capricious Action
  The court held that the administrative classification of banks for tax purposes based solely on charter type was improper and discriminatory. The court reversed and remanded the case, instructing the tax assessor to remove discriminations or cancel the assessment.
• Brotherhood of Railroad Trainmen v. Nat'l Mediation Bd.
  135 F.2d 780· D.C. Cir.· 1943-02-15 ·cited 12×
  The National Mediation Board has the authority to determine craft or class lines only when it is incident to resolving a dispute over who shall represent a craft or class, not for resolving jurisdictional disputes alone.
• Benesch v. Underwood
  132 F.2d 430· 6th Cir.· 1942-12-17 ·cited 12×·via Arbitrary And Capricious Action
  The court held that the appellant's induction was lawful and the draft boards acted fairly, thus denying habeas corpus relief.
• Lucking v. Delano
  122 F.2d 21· D.C. Cir.· 1941-05-19 ·cited 12×·via Arbitrary And Capricious Action
  The court held that the plaintiff's pleadings failed to allege sufficient facts to overcome the Comptroller's discretion in managing a bank receivership, thus the motion to dismiss was properly granted.
• Sears v. Forbes/Cohen Fla. Props., L.P.
  223 So. 3d 292· Fla. 4th DCA· 2017-07-12 ·cited 11×·via Arbitrary And Capricious Action
  Sears sought declaratory relief challenging a City resolution requiring both the landlord (Forbes/Cohen) and the City to approve any subdivision of anchor tenant space, claiming it unconstitutionally impaired Sears's contract rights and violated substantive due process. The court
• Mahon v. United States Dep't OF Agric.
  485 F.3d 1247· 11th Cir.· 2007-05-10 ·cited 11×
  The Mahons sought judicial review of USDA denials of federal disaster assistance for citrus tree losses caused by freezing temperatures in 2000. The court held that John and Shelby Mahon's claims were arbitrarily and capriciously denied because the USDA selectively applied Florid
• Public Citizen v. Fed. Trade Comm'n
  869 F.2d 1541· D.C. Cir.· 1989-03-14 ·cited 11×
  The court held that public health organizations have standing to challenge the FTC's exemption of utilitarian items from smokeless tobacco warning requirements, and that the FTC's exemption was contrary to the Act's mandate.
• Pathfinder Mines Corp. v. Hodel
  811 F.2d 1288· 9th Cir.· 1987-03-03 ·cited 11×
  The court held that lands within the Grand Canyon National Game Preserve were implicitly withdrawn from mineral entry under the General Mining Law of 1872 because such entry is incompatible with the Preserve's purposes.
• The Hoopa Valley Tribe v. Christie
  812 F.2d 1097· 9th Cir.· 1986-12-04 ·cited 11×
  The court held that the tribe failed to demonstrate a probability of success on the merits for its claims, and thus was not entitled to a preliminary injunction against the Bureau's office relocation.
• Sierra Club v. United States Army Corps OF Eng'rs
  772 F.2d 1043· 2d Cir.· 1985-09-11 ·cited 11×
  The court held that the Corps of Engineers violated NEPA and the Clean Water Act by arbitrarily changing its conclusions on the environmental impact of the Westway project and by failing to conduct adequate studies. The matter is remanded for further proceedings.
• In re Smith & Wesson
  757 F.2d 431· 1st Cir.· 1985-03-20 ·cited 11×
  The Federal Court Improvements Act of 1982, codified at 28 U.S.C. § 1491(a)(3), does not divest district courts of jurisdiction over pre-award contract claims, and mandamus is appropriate to compel a district court to assume jurisdiction.
• Jolly v. Listerman
  672 F.2d 935· D.C. Cir.· 1982-01-15 ·cited 11×
  The court held that the agency's discharge of an employee was arbitrary and capricious, particularly given the shifting charges and failure to follow reassignment procedures.
• Alnoa G. Corp. v. City OF Houston
  563 F.2d 769· 5th Cir.· 1977-11-23 ·cited 11×·via Arbitrary And Capricious Action
  Federal courts are barred by 28 U.S.C. § 1341 from enjoining state tax collection if a plain, speedy, and efficient remedy exists in state courts, and special street paving assessments are considered 'taxes' for this purpose.
• Parke v. Califano
  564 F.2d 1200· 6th Cir.· 1977-10-26 ·cited 11×
  The district court lacked jurisdiction to review the FDA's decision to initiate enforcement actions, as Parke Davis had an adequate remedy in the pending seizure actions.
• Norbert C. Pearson v. City OF Grand Blanc
  961 F.2d 1211· 6th Cir.· 1992-03-10 ·cited 10×·via Arbitrary And Capricious Action
  The Sixth Circuit affirmed the district court's grant of summary judgment, holding that the denial of a zoning change application was not arbitrary and capricious under substantive due process, as it was rationally related to legitimate zoning concerns like traffic and over-comme
• West v. Bowen
  879 F.2d 1122· 3d Cir.· 1989-06-30 ·cited 10×
  The court held that the Secretary's interpretation of 'receives' in the Food Stamp Act is due little deference due to inconsistency and contrary purpose, and that disabled persons should receive food stamps retroactively.
• Booker Creek Preservation v. Sw. Fla. Water Mgmt. Dist.
  534 So. 2d 419· Fla. 5th DCA· 1988-09-22 ·cited 10×
  Environmental groups challenged twelve exemptions to the Southwest Florida Water Management District's newly adopted rule establishing permitting criteria for isolated wetlands under section 373.414. The court agreed in part, invalidating most of the challenged exemptions as exce
• Am. Tel. & Tel. Co. v. Fed. Commc'ns Comm'n & United States
  836 F.2d 1386· D.C. Cir.· 1988-01-22 ·cited 10×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The FCC's newly discovered refund authority, allowing it to order refunds for past collected rates, is not supported by the Communications Act, which limits remedies to prospective relief.
• Brock v. Cardinal Indus., Inc.
  828 F.2d 373· 6th Cir.· 1987-09-04 ·cited 10×·via Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))
  The court held that the Occupational Safety and Health Review Commission erred in interpreting "construction work" under 29 C.F.R. § 1910.12 to focus solely on the nature of the work, ignoring the requirement for a nexus to the construction site.
• Branch v. Fed. Commc'ns Comm'n & the United States
  824 F.2d 37· D.C. Cir.· 1987-07-21 ·cited 10×
  The court correctly holds that the Commission's 'newscaster candidacy' rule passes muster under Chevron, deferring to the agency's reasonable interpretation of an ambiguous statute.
• City OF NEW York v. Fed. Commc'ns Comm'n & United States
  814 F.2d 720· D.C. Cir.· 1987-03-20 ·cited 10×
  The court held that the FCC's interpretation of the Cable Act, allowing preemption of local technical standards for Class I cable channels, was not supported by clear congressional intent.
• Drummond Coal Co. v. Hodel
  796 F.2d 503· D.C. Cir.· 1986-07-22 ·cited 10×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the Secretary of the Interior's regulation taxing the gross weight of coal, including impurities like water, was a reasonable interpretation of the Surface Mining Control and Reclamation Act (SMCRA) and thus affirmed the district court's judgment.
• Nat'l Black Media Coal. & The N.Y. Affiliate v. Fed. Commc'ns Comm'n & United States
  791 F.2d 1016· 2d Cir.· 1986-05-27 ·cited 10×
  The FCC's order is overturned because it failed to provide adequate notice of its intent to abandon the minority preference policy and relied on undisclosed data, rendering the decision arbitrary and capricious.