Arbitrary And Capricious Standard Of Review (5 U.S.C. § 706(2)(A))

28 Florida cases classified under this topic · sorted by citation count · browse and sort

• 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
• Kollett v. Harris
  619 F.2d 134· 1st Cir.· 1980-04-18 ·cited 49×
• Dunlop v. Rockwell Int'l (formerly N. Am. Rockwell Corp.) & the Occupational Safety & Health Review Comm'n
  540 F.2d 1283· 6th Cir.· 1976-08-26 ·cited 40×
  The court held that the Commission's decision to vacate the citation and abatement order was arbitrary, capricious, and an abuse of discretion because it ignored significant employee testimony regarding dust conditions and system malfunctions.
• U.S. Dep't OF Health & Human Servs. v. Fed. Labor Relations Auth.
  844 F.2d 1087· 4th Cir.· 1988-04-19 ·cited 26×
  The court held that the union's proposal to require HHS to make contracting out decisions in accordance with Circular A-76 was not a mandatory subject of bargaining because it encroached on management rights and conflicted with government-wide regulations.
• Stereo Broadcasters, Inc. v. Fed. Commc'ns Comm'n
  652 F.2d 1026· D.C. Cir.· 1981-04-22 ·cited 24×
  The court affirmed the FCC's policy of allowing distress sales to minority broadcasters, even if the line-drawing for when such sales are permissible seems arbitrary.
• McCULLOCH GAS Processing Corp. v. Dep't OF Energy
  650 F.2d 1216· Temp. Emer. Ct. App.· 1981-03-03 ·cited 22×
  The court held that the DOE's restriction on passthrough of interest paid to related entities was arbitrary and capricious, but the units-of-production method for depreciation was valid. The court also found the 'substantial evidence' test was improperly applied to informal rulem
• Waldemar P. Sherwin v. Sec'y OF Health & Human Servs.
  685 F.2d 1· 1st Cir.· 1982-06-22 ·cited 16×
  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
• Thomas Brooks Chartered v. Burnett
  920 F.2d 634· 10th Cir.· 1990-11-28 ·cited 15×
  The court held that the NTSB's decision to exclude the owner's representative from an accident investigation is judicially reviewable and that the district court erred in granting summary judgment for the owner.
• Brock v. Cardinal Indus., Inc.
  828 F.2d 373· 6th Cir.· 1987-09-04 ·cited 10×
  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.
• Mercury Motor Express, Inc. v. United States & Interstate Commerce Comm'n
  648 F.2d 315· 5th Cir.· 1981-06-18 ·cited 10×
  The court held that the Interstate Commerce Commission's (ICC) policy statement allowing private carriers to obtain for-hire operating authority is consistent with the Motor Carrier Act and is rational, and that the ICC's determination not to prepare environmental and energy impa
• Goodface v. Garfield Grassrope
  708 F.2d 335· 8th Cir.· 1983-05-31 ·cited 7×
  The court held that while the district court had jurisdiction to review the BIA's arbitrary action in refusing to recognize a tribal council, it lacked jurisdiction to resolve the underlying intratribal election dispute.
• Acumenics Research & Tech. v. United States Dep't OF Just.
  843 F.2d 800· 4th Cir.· 1988-04-05 ·cited 6×
  The court held that Acumenics failed to demonstrate that disclosure of unit pricing information would cause substantial competitive harm, and thus the district court did not err in upholding the DOJ's decision to release the information.
• AT & T Info. Sys., Inc. v. Gen. Servs. Admin.
  810 F.2d 1233· D.C. Cir.· 1987-02-13 ·cited 6×
  An agency's decision to release confidential commercial information over objection must be based solely on the administrative record, and cannot be justified by post-hoc affidavits submitted during litigation.
• Nat'l Pork Producers Council v. Bergland
  631 F.2d 1353· 8th Cir.· 1980-09-23 ·cited 6×
  The court held that the USDA's regulations permitting nitrate and nitrite-free meat products to be sold under traditional names, with specific labeling, were a proper exercise of authority and not arbitrary, capricious, or unlawful.
• Indep. U.S. Tanker Owners Comm. v. Skinner
  884 F.2d 587· D.C. Cir.· 1989-08-22 ·cited 4×
  The court held that the appropriations rider applies prospectively and does not invalidate the rule because the rule is self-implementing, and that procedural challenges were without merit.
• EP Operating Co. v. Fed. Energy Regulatory Comm'n
  876 F.2d 46· 5th Cir.· 1989-06-27 ·cited 4×
  The court held that the Green Canyon Line is an exempt gathering facility under section 1(b) of the Natural Gas Act, reversing the Commission's determination that it was a jurisdictional transportation facility.
• Seattle Master Builders Ass'n v. Pac. Nw. Elec. Power & Conservation Planning Council (Northwest Power Planning Council)
  786 F.2d 1359· 9th Cir.· 1986-04-10 ·cited 4×
  The court held that the method of selecting members of the Pacific Northwest Electric Power and Conservation Planning Council violates the Appointments Clause of the United States Constitution.
• Idaho Power Co. v. Fed. Energy Regulatory Comm'n
  766 F.2d 1348· 9th Cir.· 1985-07-23 ·cited 4×
  FERC is not required to determine a need for a proposed project when granting an exemption under section 213 of the Public Utilities Regulatory Policies Act of 1978.
• Hotel Emp'rs Ass'n OF SAN Francisco v. Anne M. Gorsuch
  669 F.2d 1305· 9th Cir.· 1982-02-24 ·cited 4×
  The court held that the EPA Administrator had a rational basis for approving San Francisco's sewer charge system, finding it compliant with statutory proportionality requirements and constitutional guarantees.
• Montres Rolex, S.A. v. Snyder
  718 F.2d 524· 2d Cir.· 1983-09-14 ·cited 3×
  The court held that the definition of a 'counterfeit' trademark under 19 U.S.C. § 1526(e) should be applied from the standpoint of an average purchaser, and the comparison should be made with the mark on actual merchandise, not just the registration certificate.
• Alam Ganem v. Bowen
  811 F.2d 1575· D.C. Cir.· 1987-02-20 ·cited 2×
  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.
• Bradley v. Bureau of Alcohol
  736 F.2d 1238· 8th Cir.· 1984-06-20 ·cited 2×
  The court affirmed the district court's grant of summary judgment, finding the ATF Director's denial of relief from federal firearms disability was not arbitrary, capricious, or unsupported by substantial evidence.
• Celeste C. Grynberg and Dean G. Smernoff v. Watt
  717 F.2d 1316· 10th Cir.· 1983-09-21 ·cited 2×
  The court held that co-trustees breached their fiduciary duty by filing individual offers in the same drawing as the trust they managed, thereby increasing the trust's probability of success and violating the multiple filings regulation.
• The Cincinnati GAS & Elec. Co. v. Costle
  632 F.2d 14· 6th Cir.· 1980-10-16 ·cited 2×
  The court held that the EPA's use of air quality modeling, specifically the MAXT-24 model, was permissible under the Clean Air Act for designating attainment/nonattainment status, even when conflicting monitoring data existed, and that the agency's consideration of future growth
• Barrier Indus., Inc. v. Eckard
  584 F.2d 1074· D.C. Cir.· 1978-08-15 ·cited 2×
  The court held that the Committee's determination to add floor wax to the procurement list was not arbitrary or capricious, as a rational basis existed for finding the Center capable of production and that the set-aside would not have a serious adverse impact on Barrier.
• Chewy, Inc. v. U.S. Dep't of Labor
  69 F.4th 773· 11th Cir.· 2023-05-30 ·cited 1×
  Compliance with a specific OSHA safety standard for forklift operation preempts the Secretary of Labor's ability to cite an employer under the general-duty clause for the same hazard.
• Se. Pa. Transp. Auth. v. Interstate Commerce Comm'n
  682 F.2d 91· 3d Cir.· 1982-06-28
  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.