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

• C & H Transp. Co., Inc. v. Interstate Commerce Comm'n & United States
  704 F.2d 834· 5th Cir.· 1983-05-13 ·cited 26×
  The majority opinion incorrectly holds that the Commission need not make additional findings under the National Transportation Act as long as shipper needs are satisfied.
• Simmons v. United States & Interstate Commerce Comm'n
  698 F.2d 888· 7th Cir.· 1983-01-28 ·cited 26×
  The court affirmed the ICC's order granting abandonment, finding that the procedural challenges were without merit and that the ICC's substantive findings were not arbitrary and capricious.
• Port Norris Express Co., Inc. v. Interstate Commerce Comm'n & United States
  687 F.2d 803· 3d Cir.· 1982-09-08 ·cited 26×
  The court held that the ICC's grant of bulk transportation authority to Dennis Trucking was unsupported by substantial evidence and arbitrary and capricious because the ICC failed to articulate a factual basis for its decision, and there was insufficient evidence of Dennis' willi
• The Twp. OF Lower Alloways Creek v. Pub. Serv. Elec. & GAS Co.
  687 F.2d 732· 3d Cir.· 1982-08-27 ·cited 26×
  The court held that the Nuclear Regulatory Commission (NRC) was not required to prepare an Environmental Impact Statement (EIS) before approving the expansion of spent fuel storage at the Salem I nuclear plant.
• Kyle v. Hanberry
  677 F.2d 1386· 11th Cir.· 1982-06-11 ·cited 26×
  The court held that due process requires prison disciplinary committees to make a good faith inquiry into the reliability of confidential informants when imposing severe sanctions, and the record must reflect this inquiry.
• Palino v. Casey
  664 F.2d 854· 1st Cir.· 1981-11-23 ·cited 26×
  The court held that the trustees did not breach their fiduciary duty by restricting self-payment periods or by providing notice of the change that was reasonably timely.
• Am. Petroleum Inst. v. Env't Prot. Agency
  661 F.2d 340· 5th Cir.· 1981-11-13 ·cited 26×
  The court held that while EPA must provide a means for upset and bypass relief, these provisions do not need to be explicitly included in the Guidelines themselves, but can be handled through NPDES permits.
• Curtis, Inc. v. Interstate Commerce Comm'n & United States
  662 F.2d 680· 10th Cir.· 1981-11-02 ·cited 26×
  The court held that the Interstate Commerce Commission's finding that Story, Inc. was fit to provide transportation services was not supported by substantial evidence and was arbitrary and capricious, particularly regarding its willingness to comply with applicable law.
• Neal v. Sec'y OF the Navy & Commandant OF the Marine Corps
  639 F.2d 1029· 3d Cir.· 1981-02-02 ·cited 26×
  The court held that the Marine Corps' denial of reenlistment was not arbitrary and capricious, and that the procedures followed did not violate due process or applicable regulations.
• Walker v. Washington
  627 F.2d 541· D.C. Cir.· 1980-06-30 ·cited 26×
  The court affirmed summary judgment for the appellees, holding that the agency's dismissal of the appellant was not arbitrary, capricious, or procedurally defective, and that the appellant's constitutional claims were frivolous.
• City Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd. & First Fed. Sav. & Loan Ass'n
  600 F.2d 681· 7th Cir.· 1979-06-21 ·cited 26×
  The court held that the Federal Home Loan Bank Board's resolutions authorizing branch facilities were inadequate for judicial review because they failed to adequately explain the reasoning and address contested issues, requiring remand.
• Paige v. Harris
  584 F.2d 178· 7th Cir.· 1978-09-12 ·cited 26×
  A HUD attorney in the excepted service, terminated without a hearing, has a property interest in continued employment based on HUD Handbook 302.2, entitling them to a hearing to challenge the sufficiency of the grounds for discharge.
• Cincinnati GAS & Elec. Co. v. Env't Prot. Agency & Douglas M. Costle
  578 F.2d 660· 6th Cir.· 1978-06-29 ·cited 26×
  The court held that the EPA's use of the Class A assumption for pollution dispersion in rural areas under least stable wind conditions was arbitrary and capricious, remanding that issue for further study. However, the court found the EPA's terrain adjustment in the MAXT-24 model
• Burlington N., Inc. v. The United States & Interstate Commerce Comm'n
  555 F.2d 637· 8th Cir.· 1977-03-29 ·cited 26×
  The court affirmed the Interstate Commerce Commission's order prescribing a maximum reasonable rate for coal transport, finding substantial evidence supported the unreasonableness of the prior rate and the reasonableness of the prescribed rate.
• The W. Union Tel. Co. v. Fed. Commc'ns Comm'n & United States
  541 F.2d 346· 3d Cir.· 1976-07-28 ·cited 26×
  The court held that the FCC acted within its statutory authority in concluding that exchange of facilities contracts did not cover FX and CCSA services, and that Western Union waived contract rights for domestic satellite service by accepting its authorization.
• Duke City Lumber Co. v. Butz
  539 F.2d 220· D.C. Cir.· 1976-07-06 ·cited 26×
  The court held that while most of the challenged guidelines were ripe for review, the specific provision regarding revision of the 'historical share' figure below 50% was not ripe for adjudication.
• Pennzoil Co. v. Fed. Power Comm'n
  534 F.2d 627· 5th Cir.· 1976-07-02 ·cited 26×
  The court held that the Federal Power Commission abused its discretion by ordering the public disclosure of confidential natural gas reserve information without adequately considering relevant factors, including potential harm to producers and the public interest.
• Johnson v. Botica
  537 F.2d 930· 7th Cir.· 1976-07-02 ·cited 26×
  The court held that the district court had jurisdiction under Section 302(e) of the Taft-Hartley Act to review allegations of structural defects in the pension plan, and that the plan's eligibility requirements were not arbitrary or capricious, nor did they violate constitutional
• Union OIL Co. OF Cal. v. Fed. Power Comm'n
  542 F.2d 1036· 9th Cir.· 1976-06-02 ·cited 26×
  The court held that the Federal Power Commission's orders requiring producers to file detailed natural gas reserve data on Form 40 were not supported by substantial evidence and that the confidentiality rule was arbitrary and capricious.
• Goodman v. United States
  518 F.2d 505· 5th Cir.· 1975-09-02 ·cited 26×
  The judicial review provision of the Food Stamp Act permits courts to review not only the finding of a violation but also the sanction imposed by the Department of Agriculture.
• Env't Def. Fund, Inc. v. Callaway
  497 F.2d 1340· 8th Cir.· 1974-06-03 ·cited 26×
  The court held that the Environmental Impact Statement (EIS) filed under NEPA was adequate and that the district court did not abuse its discretion in taxing costs.
• W. AIR Lines, Inc. v. Civil Aeronautics Bd.
  495 F.2d 145· D.C. Cir.· 1974-02-20 ·cited 26×
  The court held that the Civil Aeronautics Board had the statutory authority to suspend permanent certificates for a seven-year period and issue temporary authority to another carrier when the public convenience and necessity required it, based on substantial evidence.
• Consumers Union OF United States, Inc. v. Consumer Prod. Safety Comm'n
  491 F.2d 810· 2d Cir.· 1974-01-04 ·cited 26×
  The court held that the FDA's determination in promulgating regulations for electrically operated toys was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
• Mobil OIL Corp. v. Fed. Power Comm'n
  469 F.2d 130· D.C. Cir.· 1972-10-06 ·cited 26×
  The court held that the Commission's actions in modifying rate ceilings and rejecting rate filings constituted rulemaking, which complied with the Administrative Procedure Act's notice and comment requirements, and did not require an evidentiary hearing.
• Tri-Cor, Inc. v. The United States
  458 F.2d 112· Ct. Cl.· 1972-04-14 ·cited 26×
  The court adopted the trial commissioner's opinion, denying the plaintiff's motion for summary judgment and granting the defendant's cross-motion, dismissing the plaintiff's petition.
• Brown v. The United States
  396 F.2d 989· Ct. Cl.· 1968-06-14 ·cited 26×
  The court held that its established practice of admitting de novo evidence in military disability-retirement pay cases is proper and should continue.
• Duesing v. Udall
  350 F.2d 748· D.C. Cir.· 1965-06-30 ·cited 26×
  The court held that the Secretary of the Interior had the discretion to refuse to issue oil and gas leases on the Kenai National Moose Range, and appellants did not acquire a vested right through their applications.
• Nat'l Labor Relations Bd. v. Glen Raven Knitting Mills, Inc.
  235 F.2d 413· 4th Cir.· 1956-07-30 ·cited 26×
  The court held that the National Labor Relations Board's decision to certify the knitters as a separate bargaining unit was not entitled to enforcement because it was controlled by the extent of employee organization, contrary to statute.
• Nat'l Labor Relations Bd. v. Saxe-Glassman Shoe Corp.
  201 F.2d 238· 1st Cir.· 1953-01-12 ·cited 26×
  The court held that the respondent violated the National Labor Relations Act by engaging in unfair labor practices, including refusing to bargain, interrogating employees, discriminating against union adherents, and dominating a company-sponsored labor organization.
• Evergreen Meat Co. v. Reconstr. Fin. Corp.
  188 F.2d 368· Temp. Emer. Ct. App.· 1951-04-13 ·cited 26×
  The court held that it has jurisdiction to review the validity of the subsidy regulation and RFC's denial of discretionary relief, but found the challenged subsidy regulation provision valid and the denial of relief not arbitrary or capricious.
• United States v. Messersmith
  138 F.2d 599· 7th Cir.· 1943-11-11 ·cited 26×
  The court held that a criminal prosecution under the Selective Training and Service Act does not allow for a broad review of the draft board's classification decisions.
• Baker v. BIG Star Div. OF THE Grand Union Co.
  893 F.2d 288· 11th Cir.· 1989-11-30 ·cited 25×
  The court held that Connecticut General was not an ERISA fiduciary and that the denial of benefits should be reviewed de novo, not under the arbitrary and capricious standard.
• Adam Smith Enters., Inc. v. State of Fla. Dep't OF Env't Reg.
  553 So. 2d 1260· Fla. 1st DCA· 1989-11-22 ·cited 25×
  This case involves consolidated appeals challenging the validity of proposed groundwater classification rules (G-I Rule) promulgated by the Florida Department of Environmental Regulation. The appellate court addressed the proper standard of review for hearing officer determinatio
• Baxter v. Lynn
  886 F.2d 182· 8th Cir.· 1989-09-22 ·cited 25×
  ERISA preempts state subrogation laws as they relate to employee benefit plans, and the plan's subrogation clause is subject to de novo review because it does not grant the trustees discretionary authority to interpret its terms.
• W. Va. Univ. Hosps., Inc. v. Casey
  885 F.2d 11· 3d Cir.· 1989-09-05 ·cited 25×
  The court held that hospitals have private rights enforceable under 42 U.S.C. § 1983 for violations of the Medicaid Act's hospital reimbursement provisions.
• Am. Civil Liberties Union v. Fed. Commc'ns Comm'n & United States
  823 F.2d 1554· D.C. Cir.· 1987-07-17 ·cited 25×
  The Commission's redefinition of 'basic cable service' is valid because the statute is not perfectly clear and the legislative history, adopted by both Houses, clarifies the intent.
• Sierra Club v. Marsh
  816 F.2d 1376· 9th Cir.· 1987-05-08 ·cited 25×
  The court held that the Army Corps of Engineers violated the Endangered Species Act by allowing construction to continue without ensuring mitigation lands were secured and by refusing to reinitiate consultation with the Fish and Wildlife Service.
• Maurine M. Holt v. Winpisinger
  811 F.2d 1532· D.C. Cir.· 1987-02-13 ·cited 25×
  The court held that the appellant was an employee during her initial period of part-time service, and therefore her pension rights vested, as ERISA's vesting provisions cannot be waived by contract.
• Crawford v. Tex. Army Nat'l Guard
  794 F.2d 1034· 5th Cir.· 1986-07-23 ·cited 25×
  The court held that claims for damages and injunctive relief based on alleged constitutional violations by military personnel are barred by Chappell and Feres doctrines, and claims for correction of records are premature due to failure to exhaust administrative remedies.
• Drummond Coal Co. v. Watt
  735 F.2d 469· 11th Cir.· 1984-07-02 ·cited 25×
  Challenges to national regulations promulgated under the Surface Mining Control and Reclamation Act must be filed exclusively in the United States District Court for the District of Columbia.
• Clark Ray Helms and Betty Helms v. Monsanto Co., Inc.
  728 F.2d 1416· 11th Cir.· 1984-04-06 ·cited 25×
  The court held that the arbitrator acted arbitrarily and capriciously by applying an incorrect standard to determine total and permanent disability under the employer's plan.
• Ellis M. Hurn v. Ret. Fund Tr. OF the Plumbing
  703 F.2d 386· 9th Cir.· 1983-04-04 ·cited 25×
  The court held that suspending a retiree's pension benefits for running for union office was arbitrary and capricious, violating the Taft-Hartley Act.
• Nat'l Steel Corp. v. Anne B. Gorsuch
  700 F.2d 314· 6th Cir.· 1983-02-14 ·cited 25×
  The court held that the EPA administrator acted within her statutory authority and that her decisions were not arbitrary and capricious in approving, conditionally approving, and disapproving provisions of Michigan's State Implementation Plan under the Clean Air Act.
• Parodi v. Merit Sys. Prot. Bd. & Off. of Pers. Mgmt.
  702 F.2d 743· 9th Cir.· 1982-10-21 ·cited 25×
  The court held that it has jurisdiction to review the denial of disability benefits and that the plaintiff was disabled under the governing statute, as her hypersensitivity to cigarette smoke rendered her unable to perform her specific job, and the burden shifts to the government
• Roosevelt Campobello Int'l Park Comm'n v. United States Env't Prot. Agency
  684 F.2d 1041· 1st Cir.· 1982-08-10 ·cited 25×
  The court affirmed the EPA's issuance of an NPDES permit, finding that the agency adequately considered environmental impacts under NEPA and complied with the Endangered Species Act by reasonably assessing the low risk of oil spills.
• The S. La. Env't Council, Inc. v. Sand
  629 F.2d 1005· 5th Cir.· 1980-10-27 ·cited 25×
  The court held that the Army Corps of Engineers complied with NEPA and FWPCA requirements in its environmental impact statements for the Atchafalaya River project, and the project's economic justifications were not subject to extensive judicial review.
• Quincy OIL, Inc. v. Fed. Energy Admin.
  620 F.2d 890· Temp. Emer. Ct. App.· 1980-04-09 ·cited 25×
  The court held that it has jurisdiction to hear appeals concerning mootness in cases arising under the ESA/EPAA, and affirmed the dismissal of the Quincy case, reversed the dismissal of the Gulf case, and dismissed the DOE's appeal in the Exxon case for lack of standing.
• Marshall v. Knutson Constr. Co. & Occupational Safety & Health Review Comm'n
  566 F.2d 596· 8th Cir.· 1977-11-29 ·cited 25×
  The court affirmed the Commission's decision to vacate the citation for a serious violation, holding that the Commission reasonably concluded Knutson could not have known of the scaffold's structural defect with reasonable diligence.
• Env't Def. Fund, Inc. v. Hoffman
  566 F.2d 1060· 8th Cir.· 1977-10-25 ·cited 25×
  The court held that the final revised Environmental Impact Statement (EIS) for the Cache River-Bayou DeView Channelization Project complied with the National Environmental Policy Act (NEPA) and that the Corps of Engineers' decision to proceed was not arbitrary and capricious.
• McFARLAND v. The United States
  517 F.2d 938· Ct. Cl.· 1975-05-14 ·cited 25×
  The court affirmed the dismissal of the plaintiff's petition, holding that the Civil Service Commission's determination of disability retirement was not subject to judicial review absent a substantial departure from procedural rights or a misconstruction of governing legislation.