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

• Bessemer & Lake Erie R.R. Co. v. Interstate Commerce Comm'n & United States
  691 F.2d 1104· 3d Cir.· 1982-10-19 ·cited 28×
  The court affirmed the ICC's order adopting a single standard of revenue adequacy based on the current cost of capital, finding it consistent with statutory mandates and not arbitrary or capricious. The court also found the carrier petition regarding unused rail properties not ri
• Indep. U. S. Tanker Owners Comm. v. Drew Lewis
  690 F.2d 908· D.C. Cir.· 1982-09-07 ·cited 28×
  The court held that the agency's interim rule was procedurally flawed due to a lack of an adequate statement of basis and purpose, but substantively permissible as the agency was not required to limit its discretion through rulemaking. The court also found procedural and substant
• Alschuler v. Dep't OF Hous. & Urban Dev.
  686 F.2d 472· 7th Cir.· 1982-08-04 ·cited 28×
  The court held that neighborhood residents have standing to challenge HUD's approval of a low-income housing project based on concerns about racial and economic concentration, but not for claims solely benefiting project inhabitants.
• MCI Telecomms. Corp. v. Fed. Commc'ns Comm'n & United States
  675 F.2d 408· D.C. Cir.· 1982-04-13 ·cited 28×
  The FCC's decision to adopt an interim cost allocation methodology based on the Jurisdictional Separations Manual, rather than FDC-7, was a reasonable exercise of discretion, supported by adequate explanation, and not arbitrary or capricious.
• The Conn. Light & Power Co. v. Nuclear Regulatory Comm'n
  673 F.2d 525· D.C. Cir.· 1982-03-16 ·cited 28×
  The court affirmed the Nuclear Regulatory Commission's fire protection regulations, finding that while procedural issues existed, the agency's actions were not arbitrary or capricious and the final rules were a logical outgrowth of the proposed rules.
• Quinn v. Burlington N. Inc. Pension Plan
  664 F.2d 675· 8th Cir.· 1981-11-30 ·cited 28×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Burlington Northern Pension Plan Administrator could offset pension benefits even after the employee elected to receive a salary in lieu of pension benefits from another plan, as the employee remained entitled to vested pension benefits.
• The Cleveland-Cliffs Iron Co. v. Interstate Commerce Comm'n & United States
  664 F.2d 568· 6th Cir.· 1981-11-20 ·cited 28×
  The court held that the Interstate Commerce Commission (ICC) acted within its jurisdiction and authority in determining freight rates, including ordering refunds, and that its 'contract rates policy' was a valid policy statement not requiring formal rulemaking. However, the ICC a
• Horn v. Mullins
  650 F.2d 35· 4th Cir.· 1981-05-27 ·cited 28×
  The court held that the trustees' denial of a disability pension was arbitrary and capricious because their conclusion that the disability did not result from a mine accident was not supported by substantial evidence.
• United States v. Winthrop Towers
  628 F.2d 1028· 7th Cir.· 1980-08-29 ·cited 28×
  The court held that HUD's decision to foreclose a mortgage is subject to judicial review under the Administrative Procedure Act for being arbitrary, capricious, or otherwise unlawful, and that the district court erred in finding such decisions unreviewable.
• Wayne State Univ. v. Cleland
  590 F.2d 627· 6th Cir.· 1978-12-21 ·cited 28×
  The court held that 38 U.S.C. § 211(a) does not bar judicial review of the Administrator's authority to promulgate regulations. The court reversed the district court's finding that the V.A. regulations were promulgated without statutory authority.
• Grigsby v. Dep't OF Energy
  585 F.2d 1069· Temp. Emer. Ct. App.· 1978-05-02 ·cited 28×
  The court held that the FEA's interpretation of 'property' to include unitized leases was a rational interpretation of its regulation, and that a contract price does not qualify as a 'posted price' for determining ceiling prices under the Emergency Petroleum Allocation Act.
• N. Ohio Lung Ass'n & Patricia Smith v. Env't Prot. Agency
  572 F.2d 1143· 6th Cir.· 1978-02-02 ·cited 28×
  The court held that the EPA Administrator did not err in approving Ohio's revised attainment date for particulate matter emissions, and that the utilities' claims of technological infeasibility were foreclosed by prior Supreme Court precedent.
• Weslie C. Haneke v. Secretary of Health
  535 F.2d 1291· D.C. Cir.· 1976-05-06 ·cited 28×
  The court held that the Civil Service Commission must investigate claims of improper classification when an employee alleges doing identical work to others classified differently, as refusing to do so violates the principle of equal pay for substantially equal work.
• Elba E. Wroblaski v. Hampton
  528 F.2d 852· 7th Cir.· 1976-01-22 ·cited 28×
  The court held that the Board of Appeals and Review's decision to separate the plaintiff from her position had a rational basis and affirmed the summary judgment.
• Am. Pub. Power Ass'n v. Fed. Power Comm'n
  522 F.2d 142· D.C. Cir.· 1975-11-03 ·cited 28×
  The court affirmed the Commission's decision regarding rulemaking and refund proposals.
• Union OIL Co. OF Cal. v. The Honorable Rogers C. B. Morton
  512 F.2d 743· 9th Cir.· 1975-02-24 ·cited 28×
  The court held that an indefinite suspension of a lessee's right to install a drilling platform, based on environmental concerns, could constitute a taking of property requiring compensation, and thus may be beyond the Secretary's statutory authority if not properly justified and
• Ind. & Mich. Elec. Co. v. Env't Prot. Agency
  509 F.2d 839· 7th Cir.· 1975-01-23 ·cited 28×
  The Administrator is not required to consider technological feasibility or economic impact when approving state implementation plans under Section 110(a)(2) of the Clean Air Act, and APA procedures do not apply to these approval decisions.
• Natural Res. Def. Council, Inc. v. United States Env't Prot. Agency
  507 F.2d 905· 9th Cir.· 1974-11-11 ·cited 28×
  The court held that Arizona's statutory scheme allowing "conditional permits" (variances) for pollution sources is permissible under the Clean Air Act, provided the EPA ultimately approves each variance and it does not endanger public health or safety. The court also found that t
• Bachowski v. Brennan
  502 F.2d 79· 3d Cir.· 1974-07-26 ·cited 28×
  The Secretary of Labor's decision not to bring suit to upset a union election under the LMRDA is subject to judicial review under the Administrative Procedure Act, specifically under an 'arbitrary and capricious' standard.
• Mandel v. Simon
  493 F.2d 1239· Temp. Emer. Ct. App.· 1974-02-27 ·cited 28×
  The court held that the Appellants' implementation of the petroleum allocation program was neither arbitrary nor capricious, and that judicial interference was not warranted at that stage.
• The First Nat'l Bank OF Chicago v. Elliot Richardson
  484 F.2d 1369· 7th Cir.· 1973-09-13 ·cited 28×
  The court affirmed the district court's denial of a preliminary injunction, finding that the General Services Administration (GSA) satisfied the National Environmental Policy Act (NEPA) requirements by issuing a sufficient environmental assessment for the construction of a federa
• Fisher v. Snyder
  476 F.2d 375· 8th Cir.· 1973-04-16 ·cited 28×
  A school board's dismissal of a teacher based on inferences of potential sexual misconduct from her social behavior, without factual support, is arbitrary and capricious and violates substantive due process.
• Pauley v. United States
  419 F.2d 1061· 7th Cir.· 1969-12-11 ·cited 28×
  The court held that the plaintiff was not entitled to adverse action procedures before his reassignment, as the reassignment was not a reduction in rank, and his subsequent refusal to accept the transfer justified his removal.
• United States v. Foster
  417 F.2d 1254· 7th Cir.· 1969-10-17 ·cited 28×
  The court held that the trial court's judgment on the bond forfeiture was vacated and remanded for further consideration because the appellate court lacked sufficient facts to determine if the denial of remission was arbitrary and capricious.
• Heffron v. The United States
  405 F.2d 1307· Ct. Cl.· 1969-01-24 ·cited 28×
  The court held that the plaintiff's dismissal was proper, the administrative review board's action was supported by substantial evidence, and was not arbitrary or capricious.
• Miniard v. Lewis
  387 F.2d 864· D.C. Cir.· 1967-12-19 ·cited 28×
  The court held that the trustees' interpretation of the pension eligibility proviso was reasonable and therefore not arbitrary or capricious.
• Hackin v. Lorna E. Lockwood
  361 F.2d 499· 9th Cir.· 1966-05-20 ·cited 28×
  The court held that Arizona's requirement for bar admission applicants to have graduated from an ABA-approved law school is a reasonable classification and does not violate the Fourteenth Amendment.
• McCLATCHY Broad. Co. v. Fed. Commc'ns Comm'n
  239 F.2d 15· D.C. Cir.· 1956-01-27 ·cited 28×
  The court held that the FCC may attach decisive significance to diversification of media control when choosing between competing applicants, even if other factors are nearly balanced, provided the decision is not arbitrary or capricious.
• Sture v. Sigfred
  230 F.2d 13· 5th Cir.· 1956-01-19 ·cited 28×
  The court held that federal law governs the reviewability of awards by air carrier system boards of adjustment, and that the board's interpretation of the collective bargaining agreement was reasonable and binding.
• U.S. Fed. Credit Union v. Gateway Radiology Consultants, P.A.
  983 F.3d 1239· 11th Cir.· 2020-12-22 ·cited 27×
  The U.S. Court of Appeals for the Eleventh Circuit held that the Small Business Administration's rule making bankruptcy debtors ineligible for Paycheck Protection Program loans is a reasonable interpretation of the CARES Act and not arbitrary and capricious, vacating the bankrupt
• R.H. Ashenbaugh v. Crucible Inc.
  854 F.2d 1516· 3d Cir.· 1988-08-23 ·cited 27×
  The court held that Thirty-Year Retirement Benefits are not 'accrued benefits' and are not payable upon partial plan termination if the participant has not met the service requirements.
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n
  784 F.2d 959· 9th Cir.· 1986-03-11 ·cited 27×
  The court held that the Interstate Commerce Commission (ICC) correctly interpreted the relevant statutes and acted within its discretion by refusing to impose mandatory labor protections on the acquisition of a railroad line by a non-carrier. The court also remanded the case for
• Enos v. Marsh
  769 F.2d 1363· 9th Cir.· 1985-08-27 ·cited 27×
  The court affirmed the district court's grant of summary judgment, holding that the Corps and FWS did not violate the Endangered Species Act, the National Environmental Policy Act, or the Water Resources Development Act in their handling of the Barbers Point harbor project.
• Melton E. Baker v. United States
  613 F.2d 224· 9th Cir.· 1980-02-11 ·cited 27×
  The court held that the Interior Board of Land Appeals (IBLA) exceeded its authority by adopting a "too much" or excess reserve test for mining claims, as this test lacks statutory basis and is unworkable.
• McCLELLAND v. Andrus
  606 F.2d 1278· D.C. Cir.· 1979-08-17 ·cited 27×
  The dissenting judge believes the Appeals Review Board applied the correct standard in reviewing McClelland's reassignment and that the case should be remanded for review of a specific report.
• Bank OF Commerce OF Laredo v. City Nat'l Bank OF Laredo
  484 F.2d 284· 5th Cir.· 1973-09-13 ·cited 27×
  The court held that the district court did not err in denying discovery and granting summary judgment, as the administrative record adequately supported the Comptroller's decision to grant a national bank charter.
• Batchelor v. Int'l Bhd. OF Elec. Workers Local 861 Pension & Ret. Fund
  877 F.2d 441· 5th Cir.· 1989-07-20 ·cited 26×
  The court held that the 1982 amendment to the pension plan reducing past service credit was ineffective because the Trustees failed to notify the Secretary of Labor, and their interpretation of the 1976 plan was an abuse of discretion.
• Occidental Petroleum Corp. v. Sec. & Exch. Comm'n
  873 F.2d 325· D.C. Cir.· 1989-04-21 ·cited 26×
  The court held that it has jurisdiction to hear the SEC's appeal from the district court's remand order, as it falls under the collateral order exception to the finality rule.
• Chem. Waste Mgmt., Inc. v. U.S. Env't Prot. Agency
  869 F.2d 1526· D.C. Cir.· 1989-03-14 ·cited 26×
  The court held that the EPA's 'retroactivity' principle for hazardous waste leachate is ripe for review and was promulgated with adequate notice and comment, and that the principle is not impermissibly retroactive. The court also found the EPA's application of hazardous waste reg
• E. Tenn. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  863 F.2d 932· D.C. Cir.· 1988-12-09 ·cited 26×
  The court held that the Federal Energy Regulatory Commission (FERC) exceeded its authority under Section 4 of the Natural Gas Act by ordering the retroactive elimination of a minimum commodity bill. However, the court affirmed FERC's finding that the minimum bill was unjust and u
• Sage v. Automation
  845 F.2d 885· 10th Cir.· 1988-04-28 ·cited 26×
  The court held that the departure of employees was not a partial termination of the pension plans because it was voluntary and not an involuntary exclusion, and that while the claims procedure was deficient, it did not require reversal due to the correct resolution of the merits.
• 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.
• Cook v. Pension Plan FOR Salaried Emps. OF Cyclops Corp. & Robert A. Kushner & Donald L. Mitchell & William D. Dickey & Cyclops Corp.
  801 F.2d 865· 6th Cir.· 1986-09-25 ·cited 26×
  The court held that where a pension plan's provisions are ambiguous, the administrators' interpretation must be respected if it is rationally related to a valid plan purpose and not contrary to the plain language.
• Simmons v. Block
  782 F.2d 1545· 11th Cir.· 1986-02-27 ·cited 26×
  The court held that while the FmHA's acceptance of a lower cash bid over a higher credit bid based on an unwritten policy was arbitrary and capricious, the district court erred in ordering the property sold to the higher bidder. The case must be remanded for proper adherence to r
• Prof'l Managers' Ass'n v. United States
  761 F.2d 740· D.C. Cir.· 1985-05-10 ·cited 26×
  The court held that it lacked jurisdiction to hear the appeal because the Federal Courts Improvement Act of 1982 vests exclusive appellate jurisdiction in the Federal Circuit when the district court's jurisdiction was based, in whole or in part, on the Tucker Act.
• Mass. Union OF Pub. Hous. Tenants, Inc. v. Pierce
  755 F.2d 177· D.C. Cir.· 1985-03-01 ·cited 26×
  The court held that the 30-day period for filing attorney's fees under the Equal Access to Justice Act begins to run when a judgment is no longer contestable through the appellate process, not from the date of the district court's initial judgment.
• Forelaws ON Bd. v. Johnson
  743 F.2d 677· 9th Cir.· 1984-09-25 ·cited 26×
  The court held that the Bonneville Power Administration (BPA) violated the National Environmental Policy Act (NEPA) by failing to prepare an Environmental Impact Statement (EIS) before offering long-term power delivery contracts. However, the court declined to enjoin the operatio
• Kunaknana v. Clark
  742 F.2d 1145· 9th Cir.· 1984-09-10 ·cited 26×
  The court held that the Bureau of Land Management's oil and gas lease sales within the Alaska National Petroleum Reserve complied with statutory requirements, including those concerning subsistence use, and that the district court properly reviewed the agency's decision.
• Am. Transfer & Storage Co. v. Interstate Commerce Comm'n & United States
  719 F.2d 1283· 5th Cir.· 1983-11-21 ·cited 26×
  The court held that the Interstate Commerce Commission had good cause to issue interim rules without full notice and comment due to the immediate effectiveness of the Motor Carrier Act of 1980 and the need to adapt procedures to new statutory requirements.
• La. Env't Soc'y, Inc. v. Dole
  707 F.2d 116· 5th Cir.· 1983-05-26 ·cited 26×
  The court held that the administrative record adequately supported the Administrator's Section 4(f) determination that the proposed bridge route minimized harm to recreational areas, and that the district court erred in striking new causes of action from the plaintiffs' supplemen