Arbitrary And Capricious Standard Of Review

3,214 Florida cases classified under this topic, plus 87 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Ethyl Corp. v. Env't Prot. Agency
  541 F.2d 1· D.C. Cir.· 1976-03-19 ·cited 308×
  The court's majority opinion is not fully detailed here, but the dissenting judge argues against the Administrator's broad interpretation of statutory powers.
• Zinta Harner v. Soc. Sec. Admin.
  38 F.4th 892· 11th Cir.· 2022-06-27 ·cited 222×
  The Eleventh Circuit held that the new regulation, 20 C.F.R. § 404.1520c, validly abrogated the treating-physician rule and applied to the claimant's case. The administrative law judge properly applied the new regulation by weighing the medical opinions based on persuasiveness ra
• Greenbriar, Ltd. v. City OF Alabaster
  881 F.2d 1570· 11th Cir.· 1989-09-01 ·cited 219×
  The court held that the City's denial of the rezoning request was not arbitrary and capricious, and therefore did not violate substantive due process. The decision was final and ripe for adjudication.
• Home BOX Off., Inc. v. Fed. Commc'ns Comm'n & United States
  567 F.2d 9· D.C. Cir.· 1977-03-25 ·cited 211×
  The Federal Communications Commission lacks the power to control the content of programs originating in the studios of cablecasters.
• Spencer v. Nat'l Labor Relations Bd.
  712 F.2d 539· D.C. Cir.· 1983-06-28 ·cited 210×
  The court held that the phrase 'the position of the United States' under the EAJA refers to the government's litigation position, not its underlying conduct.
• Loyce McCOY v. Schweiker
  683 F.2d 1138· 8th Cir.· 1982-06-21 ·cited 208×
  The Medical-Vocational Guidelines are a valid exercise of the Secretary's authority and do not contravene the Social Security Act, provided they are applied with proper consideration for individual circumstances and claimant rights.
• Scientists' Inst. for Pub. Info., Inc. v. Atomic Energy Comm'n
  481 F.2d 1079· D.C. Cir.· 1973-06-12 ·cited 179×
  The Atomic Energy Commission's Liquid Metal Fast Breeder Reactor program requires a detailed environmental impact statement under NEPA because it constitutes a major federal action significantly affecting the environment, and such a statement is presently required, not just for i
• Natural Res. Def. Council, Inc. v. Sec. & Exch. Comm'n
  606 F.2d 1031· D.C. Cir.· 1979-04-20 ·cited 168×
  The court held that the SEC's decision not to adopt comprehensive environmental and equal employment disclosure rules was not arbitrary and capricious, and that judicial review of the SEC's procedural compliance with NEPA is appropriate.
• Kirk v. Sec'y OF Health & Human Servs.
  667 F.2d 524· 6th Cir.· 1981-12-22 ·cited 165×
  The court held that the medical-vocational guidelines are constitutional and within the Secretary's statutory authority to promulgate regulations for disability determinations.
• Weyerhaeuser Co. v. Costle
  590 F.2d 1011· D.C. Cir.· 1978-09-05 ·cited 156×
  The court upheld EPA's effluent limitations for the pulp and paper industry, finding they were rationally exercised under delegated authority and followed appropriate procedures, with one exception not detailed in the provided text.
• United Steelworkers OF Am. v. Marshall
  647 F.2d 1189· D.C. Cir.· 1980-08-15 ·cited 139×
  The court affirmed most of the new occupational lead standard, remanding only the question of feasibility for certain industries.
• The Second Nat'l Natural Gas Rate Cases Am. Pub. GAS Ass'n v. Fed. Power Comm'n
  567 F.2d 1016· D.C. Cir.· 1977-06-16 ·cited 138×
  The Court affirmed the FPC's Opinions 770 and 770-A establishing nationwide natural gas rates of $1.42 per Mcf for gas from wells commenced after January 1, 1975 (with escalation), $0.93 per Mcf for 1973-1974 biennium gas (reduced from $1.01), and $0.52 per Mcf for renewal contra
• Columbia Broad. Sys., Inc. v. Fed. Commc'ns Comm'n & United States
  454 F.2d 1018· D.C. Cir.· 1971-11-15 ·cited 138×
  The court found the Commission's shifting positions and inconsistent reasoning to be arbitrary and capricious, leading to a flawed decision.
• Loyce E. Hayes v. Dep't OF THE Navy
  727 F.2d 1535· Fed. Cir.· 1984-02-09 ·cited 134×
  The court affirmed the MSPB's decision, finding the agency's removal of the petitioner was not arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence.
• S. Terminal Corp. v. Env't Prot. Agency
  504 F.2d 646· 1st Cir.· 1974-09-27 ·cited 134×
  The court held that the EPA's transportation control plan was not arbitrary or capricious, and that the agency followed proper procedures in its promulgation, rejecting claims of inadequate notice and the need for adjudicatory hearings.
• Blau v. DEL Monte Corp.
  748 F.2d 1348· 9th Cir.· 1984-12-05 ·cited 125×
  The court held that the district court erred in granting summary judgment because Del Monte's denial of severance benefits could not be deemed not arbitrary and capricious as a matter of law, given Del Monte's wholesale violations of ERISA's reporting, disclosure, and fiduciary d
• Sierra Club v. Costle
  657 F.2d 298· D.C. Cir.· 1981-04-29 ·cited 124×
  The court held that the EPA did not exceed its statutory authority under the Clean Air Act in promulgating the revised New Source Performance Standards (NSPS), including the variable percentage reduction option for sulfur dioxide emissions.
• Brown v. Blue Cross & Blue Shield OF Ala., Inc.
  898 F.2d 1556· 11th Cir.· 1990-04-25 ·cited 120×
  When an insurance company fiduciary administering its own policy denies benefits, the arbitrary and capricious standard of review applies, but the fiduciary bears the burden of proving its interpretation was not tainted by self-interest.
• M. Steinthal & Co., Inc. v. Seamans
  455 F.2d 1289· D.C. Cir.· 1971-10-14 ·cited 120×
  The court held that a bidder challenging a government contract award must demonstrate no rational basis for the agency's decision, and that courts should exercise restraint in enjoining procurement processes, especially in urgent matters.
• Natural Res. Def. Council, Inc. v. U.S. Env't Prot. Agency
  703 F.2d 700· 3d Cir.· 1983-03-23 ·cited 118×
  The court held that the Equal Access to Justice Act (EAJA) requires examination of both the agency's pre-litigation conduct and its litigation position to determine substantial justification for awarding attorney's fees.
• Small Refiner Lead Phase-Down Task Force v. United States Env't Prot. Agency
  705 F.2d 506· D.C. Cir.· 1983-04-22 ·cited 116×
  The court held that the EPA had the statutory authority to set a uniform lead content standard for all refiners, but vacated the interim 1.90 gplg standard and the 'past ownership requirement' due to lack of adequate notice.
• Wardle v. Central States
  627 F.2d 820· 7th Cir.· 1980-08-14 ·cited 115×
  The court held that the pension fund's denial of benefits was not arbitrary and capricious, and that ERISA does not grant a right to a jury trial for claims seeking pension benefits.
• DOE v. Hampton
  566 F.2d 265· D.C. Cir.· 1977-09-14 ·cited 115×
  The Civil Service Commission erred by relying on Dr. Eck's opinion in violation of its own procedural rules, which denied the appellant the opportunity to challenge the evidence. The dissenting opinion argues that this procedural error was not harmless and prejudiced the appellan
• Cont'l AIR Lines, Inc. v. Civil Aeronautics Bd.
  522 F.2d 107· D.C. Cir.· 1974-11-07 ·cited 114×
  The Court held that the Board's orders establishing a seating configuration policy were ripe for review because the issues were fit for judicial decision and withholding review would impose hardship on the airlines. However, the appeal concerning a specific rate suspension order
• Olan Jett v. Blue Cross & Blue Shield OF Ala., Inc.
  890 F.2d 1137· 11th Cir.· 1989-12-18 ·cited 113×
  The court held that the denial of benefits was arbitrary and capricious because Blue Cross failed to adequately investigate the medical necessity of the hospitalization, despite the treating physicians' opinions.
• Rehmar v. Smith
  555 F.2d 1362· 9th Cir.· 1976-10-15 ·cited 113×
  The court held that federal labor law, not state insurance law, governs the interpretation of pension plan benefits under Section 301 of the NLRA, and that trustee decisions are reviewable under the arbitrary and capricious standard.
• Citizens TO Save Spencer Cnty. v. United States Env't Prot. Agency
  600 F.2d 844· D.C. Cir.· 1979-03-27 ·cited 112×
  The court held that the agency's regulation was reasonable and did not violate any discernible Congressional command.
• Env't Def. Fund, Inc. v. Corps OF Eng'rs OF the United States Army
  470 F.2d 289· 8th Cir.· 1972-11-28 ·cited 112×
  The court held that while NEPA's procedural requirements must be met, agencies' substantive decisions are also subject to judicial review under the arbitrary and capricious standard, but found the decision to complete the dam was not arbitrary.
• Int'l Ladies' Garment Workers' Union v. Donovan
  722 F.2d 795· D.C. Cir.· 1983-11-29 ·cited 111×
  The court held that the Secretary's decision to rescind restrictions on homeworkers in the knitted outerwear industry was arbitrary and capricious, and therefore reversed the district court's decision.
• Appalachian Power Co. v. Env't Prot. Agency
  477 F.2d 495· 4th Cir.· 1973-04-11 ·cited 109×
  The court held that the Administrator was not required to hold a hearing prior to approving state implementation plans if adequate hearings were provided at the state level, and that judicial review requires the full administrative record.
• Fed. Trade Comm'n v. Texaco, Inc
  555 F.2d 862· D.C. Cir.· 1977-02-23 ·cited 108×
  The court held that the doctrine of preclusive effect, whether collateral estoppel or res judicata, is inapplicable to an agency's ratemaking determinations.
• Batterton v. Marshall
  648 F.2d 694· D.C. Cir.· 1980-08-28 ·cited 104×
  The court held that the Department of Labor's modification of its unemployment statistics methodology, which directly impacts the allocation of CETA funds, constitutes a "rule" under the Administrative Procedure Act and requires notice and comment procedures.
• Brewer v. United States Postal Serv.
  647 F.2d 1093· Ct. Cl.· 1981-04-22 ·cited 102×
  The court held that the Merit Systems Protection Board's decision affirming the employee's removal was supported by substantial evidence and free from procedural error, and that the penalty of removal was not an abuse of discretion.
• Nader v. Fed. Commc'ns Comm'n
  520 F.2d 182· D.C. Cir.· 1975-09-29 ·cited 101×
  The court held that AT&T was protected by the Arizona Grocery doctrine from refunding revenue collected under an interim rate increase, even if the rate of return was later found to be unreasonably high, unless the issue involved cross-subsidization.
• Agrico Chem. Co. v. State of Fla. Dep't OF Env't Reg. & Sarasota Cnty.
  365 So. 2d 759· Fla. 1st DCA· 1978-12-01 ·cited 100×
  Phosphate mining companies challenged proposed effluent standards rules issued by Florida's Department of Environmental Regulation. The court held that the Commission's approval of the rule violated the Administrative Procedure Act by occurring before a hearing officer ruled on t
• Am. Iron & Steel Inst. v. Env't Prot. Agency
  568 F.2d 284· 3d Cir.· 1977-09-14 ·cited 100×
  The court held that the EPA's interim final regulations were invalid as applied to the specialty steel industry due to insufficient notice under the Administrative Procedure Act. However, the court found the notice sufficient regarding the adoption of more stringent treatment tec
• Am. Meat Inst. v. Env't Prot. Agency
  526 F.2d 442· 7th Cir.· 1975-11-24 ·cited 100×
  The Administrator has the authority under Section 301 of the Clean Water Act to promulgate effluent limitations for categories of point sources, and these limitations are directly reviewable in the circuit courts of appeals under Section 509(b)(1).
• Pasco, Inc. v. Fed. Energy Admin.
  525 F.2d 1391· Temp. Emer. Ct. App.· 1975-10-14 ·cited 100×
  The court held that the Federal Energy Administration's (FEA) Entitlements Program was a rational exercise of agency authority, not arbitrary or capricious, and that the FEA did not violate the Freedom of Information Act.
• WWHT, Inc. v. Fed. Commc'ns Comm'n & United States
  656 F.2d 807· D.C. Cir.· 1981-06-18 ·cited 99×
  An agency's denial of a rulemaking petition is subject to judicial review, except where legislative intent negates review, but the scope of review is narrow and deferential to agency discretion.
• Gibson Wine Co., Inc. v. Snyder
  194 F.2d 329· D.C. Cir.· 1952-01-10 ·cited 98×
  The Deputy Commissioner's ruling excluding wine made from the boysen variety of blackberry from the designation 'blackberry wine' was an invalid amendment to the existing regulation because it was not preceded by a hearing or approved by the Secretary of the Treasury.
• Fentron Indus., Inc. v. The Nat'l Shopmen Pension Fund
  674 F.2d 1300· 9th Cir.· 1982-04-21 ·cited 96×
  The court held that Fentron had standing to sue under ERISA, the employee class was properly certified, and the cancellation of vested employees' Past Service Credits violated ERISA § 203(c)(1)(B), but ERISA does not impose per se personal fiduciary liability for violations.
• Ruzicka v. Gen. Motors Corp.
  523 F.2d 306· 6th Cir.· 1975-09-23 ·cited 96×
  A union's negligent failure to file a prerequisite grievance document breaches its duty of fair representation.
• Dep't OF Prof'l Reg. v. Zia Durrani
  455 So. 2d 515· Fla. 1st DCA· 1984-08-16 ·cited 95×
  The court held that the Board's rule setting a minimum FLEX score and requiring it from a single sitting was a valid exercise of delegated authority, and that deficiencies in the Economic Impact Statement did not impair the fairness of the proceeding.
• Sanders v. The United States
  594 F.2d 804· Ct. Cl.· 1979-02-21 ·cited 95×
  The court held that the officer was entitled to back pay and continued active duty because he was illegally passed over for promotion due to voided OERs remaining in his file.
• Martinez v. Mathews
  544 F.2d 1233· 5th Cir.· 1976-12-28 ·cited 95×
  The court held that if a health provider receives funding as a "migrant health center," its governing board must be composed of a majority of individuals being served by the center, who, as a group, represent those individuals, and that the likelihood of success on the issue of f
• Am. Iron & Steel Inst. v. Env't Prot. Agency
  526 F.2d 1027· 3d Cir.· 1975-11-07 ·cited 93×
  The court held that the Administrator's failure to adequately consider all relevant costs and benefits in setting pollution control guidelines constitutes an "arbitrary" decision, requiring remand.
• Life OF THE Land v. Brinegar
  485 F.2d 460· 9th Cir.· 1973-09-10 ·cited 93×
  The court affirmed the district court's decision, holding that the appellees complied with the National Environmental Policy Act (NEPA) and the Airport and Airways Development Act (AADA) in the construction of the reef runway extension.
• Save OUR TEN Acres v. Rod Kreger
  472 F.2d 463· 5th Cir.· 1973-01-16 ·cited 93×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the agency's threshold determination not to file an Environmental Impact Statement under NEPA should be reviewed under a more searching standard than arbitrary and capricious, requiring a determination of whether the project would materially degrade environmen
• The Nat'l Nutritional Foods Ass'n & Solgar Co., Inc. v. Casper W. Weinberger
  512 F.2d 688· 2d Cir.· 1975-02-03 ·cited 92×
  The court held that the FDA likely possesses substantive rule-making authority under 21 U.S.C. § 371(a), and that the regulations would likely be upheld by the Supreme Court.
• Roark v. Lewis
  401 F.2d 425· D.C. Cir.· 1968-08-21 ·cited 91×
  The court agrees that the cases must be remanded for further findings of fact regarding the trustees' eligibility requirements and their interpretation.