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

• The Eagle Found., Inc. v. Dole
  813 F.2d 798· 7th Cir.· 1987-02-27 ·cited 19×
  The court affirmed the district court's decision, holding that the Secretary's determination that the chosen highway route was prudent and feasible, despite impacting protected lands, was not arbitrary or capricious.
• Nat'l Wildlife Fed'n v. Fed. Energy Regulatory Comm'n
  801 F.2d 1505· 9th Cir.· 1986-09-30 ·cited 19×
  The court held that the Federal Energy Regulatory Commission abused its discretion by issuing preliminary permits for hydroelectric projects without adequately considering comprehensive planning, cumulative impacts, and environmental data, as required by the Federal Power Act and
• Manasota-88, Inc. v. Thomas
  799 F.2d 687· 11th Cir.· 1986-09-15 ·cited 19×
  The court held that the EPA's determination that Gardinier's proposed phosphogypsum disposal area was not a 'new source' was not arbitrary and capricious, and therefore, the agency's decision to reissue the NPDES permit without preparing a full Environmental Impact Statement (EIS
• Island Harbor Beach Club, Ltd. v. Dep't OF Natural Res.
  495 So. 2d 209· Fla. 1st DCA· 1986-09-10 ·cited 19×
  The Department of Natural Resources (DNR) reestablished the coastal construction control line in Charlotte County, Florida, moving it substantially landward from the 1977 line. Two groups of private landowners appealed, challenging DNR's authority, methodology, and the scientific
• Wilson v. Hodel
  758 F.2d 1369· 10th Cir.· 1985-04-02 ·cited 19×
  The court held that the presumption of administrative regularity applies to the Department of Interior's oil and gas leasing program, and the appellant failed to provide sufficient evidence to rebut this presumption or properly raise arguments about procedural irregularities.
• State v. Ophelia Johnson Cleveland
  390 So. 2d 364· Fla. 4th DCA· 1980-09-03 ·cited 19×
  The Fourth District Court of Appeal holds that the decision to admit a defendant into Florida's pretrial intervention program is a prosecutorial rather than judicial function, and therefore a trial court cannot review the State Attorney's reasons for denying consent to the progra
• Linemaster Switch Corp. v. United States Env't Prot. Agency
  938 F.2d 1299· D.C. Cir.· 1991-07-12 ·cited 18×
  The court held that EPA retained authority to list sites on the National Priorities List (NPL) using the original Hazard Ranking System (HRS) after the statutory deadline for revising the HRS had passed, as Congress did not intend to revoke this authority. Site-specific challenge
• Vargas v. Immigr. & Naturalization Serv.
  938 F.2d 358· 2d Cir.· 1991-06-28 ·cited 18×
  The BIA's denial of the motion to reopen was arbitrary and capricious because it improperly extended the holding of Matter of Lok and failed to provide adequate reasoning or adhere to its own regulations.
• Rizzo v. Caterpillar, Inc.
  914 F.2d 1003· 7th Cir.· 1990-10-01 ·cited 18×
  The court held that a material question of fact exists regarding the preparation of the retirement benefits offer packet, precluding summary judgment, and that the standard of review for benefit denials is 'arbitrary and capricious'.
• Jones v. U.S. Bureau OF Prisons
  903 F.2d 1178· 8th Cir.· 1990-05-17 ·cited 18×
  The court held that it lacks jurisdiction to review the substantive decisions of the Parole Commission to grant or deny parole, and that the petitioner is not entitled to habeas relief because he eventually received a parole hearing, despite the delay.
• Educ. Assistance Corp. v. Lauro F. Cavazos
  902 F.2d 617· 8th Cir.· 1990-04-10 ·cited 18×
  The court held that the Secretary's denial of EAC's waiver request was not arbitrary or capricious, and the 1987 amendments to the Higher Education Act did not violate the fifth amendment by requiring EAC to transfer excess cash reserves.
• Competitive Enter. Inst. v. Nat'l Hwy. Traffic Safety Admin.
  901 F.2d 107· D.C. Cir.· 1990-01-19 ·cited 18×
  Consumer Alert has standing to challenge NHTSA's decision not to lower CAFE standards because its members suffer economic injury from continued surcharges on larger cars.
• The State OF NEW York v. Sullivan
  889 F.2d 401· 2d Cir.· 1989-11-01 ·cited 18×
  The regulations promulgated by the Secretary are permissible under Title X and not constitutionally infirm, despite concerns raised.
• Davis v. Ky. Fin. COS. Ret. Plan
  887 F.2d 689· 6th Cir.· 1989-10-12 ·cited 18×
  The court held that the Retirement Committee's denial of death benefits was not arbitrary and capricious, collateral estoppel did not apply, and equitable claims were preempted by ERISA.
• Simpson v. Hegstrom
  873 F.2d 1294· 9th Cir.· 1989-05-04 ·cited 18×
  The court held that the Secretary's interpretation of AFDC regulations, which denied Earned Income Disregards (EIDs) to recipients sanctioned for failing to participate in a Work Incentive (WIN) program, was unreasonable and inconsistent with the Social Security Act.
• State OF Tex. v. United States
  866 F.2d 1546· 5th Cir.· 1989-03-06 ·cited 18×
  The court held that the ICC's interpretation of the Motor Carrier Act, while potentially debatable, was a reasonable construction of the law and thus entitled to deference under Chevron.
• Sierra Pac. Indus. v. Lyng
  866 F.2d 1099· 9th Cir.· 1989-01-25 ·cited 18×
  The court held that regulations requiring revision of harvest schedules and calculating buy-out charges based on advertised volume were permissible, but a regulation requiring purchasers to waive all claims against the government was arbitrary and capricious. The court also affir
• Am. Fed'n of Labor & Cong. of Indus. Orgs. v. Brock
  835 F.2d 912· D.C. Cir.· 1987-12-22 ·cited 18×
  The court held that the Department of Labor did not provide a reasoned explanation for its new policy on adverse effect wage rates, requiring remand.
• Ava P. Trahan v. Regan
  824 F.2d 96· D.C. Cir.· 1987-07-28 ·cited 18×
  The dissenting judge argues that the majority's interpretation of the Equal Access to Justice Act (EAJA) 'substantially justified' standard creates an automatic fee-shifting statute, contrary to congressional intent and precedent.
• Natural Res. Def. Counsel, Inc. v. Hodel
  819 F.2d 927· 9th Cir.· 1987-06-15 ·cited 18×
  The court held that the Bureau of Land Management's environmental impact statement and land use plan for livestock grazing were adequate and lawful, affirming the district court's grant of summary judgment.
• Baltimore GAS & Elec. Co. v. United States & Interstate Commerce Comm'n
  817 F.2d 108· D.C. Cir.· 1987-04-21 ·cited 18×
  The court held that the ICC followed proper procedures in its rulemaking for railroad competitive access proceedings and that the challenged regulations do not contravene congressional authority.
• Daviess Cnty. Hosp. v. Otis R. Bowen, M.D.
  811 F.2d 338· 7th Cir.· 1987-01-20 ·cited 18×
  The court held that the Secretary of Health and Human Services may deny Medicare reimbursement for services when a provider fails to maintain adequate, auditable records as required by statute and regulation, even if some services were rendered.
• State OF Mich. v. Thomas
  805 F.2d 176· 6th Cir.· 1986-11-12 ·cited 18×
  The court held that the EPA's disapproval of Michigan's fugitive dust control rules was not arbitrary or capricious, and its definition of reasonably available control technology was a permissible interpretation of the Clean Air Act.
• Capitol Tech. Servs., Inc. v. Fed. Aviation Admin.
  791 F.2d 964· D.C. Cir.· 1986-06-03 ·cited 18×
  The court held that the challenge to the FAA's general policy against granting exemptions for maintenance flights is justiciable, but the FAA's refusal to grant such exemptions was a reasonable exercise of its discretion.
• Natural Res. Def. Council, Inc. v. U.S. Env't Prot. Agency
  790 F.2d 289· 3d Cir.· 1986-04-30 ·cited 18×
  The court held that the EPA's 1984 removal credit regulations failed to meet statutory requirements by not ensuring the same consistency in pollutant removal for indirect dischargers and POTWs as required for direct dischargers, and that the promulgation of these regulations was
• Pabst Brewing Co. v. Anger
  784 F.2d 338· 8th Cir.· 1986-02-21 ·cited 18×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the former employees did not suffer a "layoff" as defined by the Separation From Employment Policy when the brewery was transferred, and thus Pabst did not owe them severance pay.
• Johnson v. Verne ORR
  776 F.2d 75· 3d Cir.· 1985-10-31 ·cited 18×
  The court held that discussing a potential working condition grievance during duty time does not constitute "internal union business" under 5 U.S.C. § 7131(b), and that a National Guard technician must perform military and civilian duties within the same state's National Guard un
• Citizens FOR Jazz ON WRVR, Inc. v. Fed. Commc'ns Comm'n
  775 F.2d 392· D.C. Cir.· 1985-10-29 ·cited 18×
  The court held that the FCC erred by applying the standard for determining the merits of a misrepresentation claim (requiring 'clear, precise and indubitable' proof) to decide whether a substantial question of fact existed that warranted an evidentiary hearing.
• Bedford Cnty. Mem'l Hosp. v. Health & Human Servs.
  769 F.2d 1017· 4th Cir.· 1985-08-14 ·cited 18×
  The court held that the Secretary of Health and Human Services' new regulation for compensating hospitals for malpractice costs was invalid because it was promulgated in violation of the Administrative Procedure Act and the Medicare Act, and was arbitrary and capricious.
• MCI Telecomms. Corp. v. Fed. Commc'ns Comm'n & United States
  765 F.2d 1186· D.C. Cir.· 1985-07-09 ·cited 18×
  The court held that the FCC lacks statutory authority to prohibit common carriers from filing tariffs, as required by statute.
• Cal. Human Dev. Corp. v. Brock
  762 F.2d 1044· D.C. Cir.· 1985-05-28 ·cited 18×
  The court affirmed the lower court's decision because the matter of allocating grant funds is committed to agency discretion by law, making it unreviewable.
• Maryland People's Counsel v. Fed. Energy Regulatory Comm'n
  761 F.2d 780· D.C. Cir.· 1985-05-10 ·cited 18×
  The court held that FERC failed to adequately consider the anticompetitive consequences of its blanket certificate orders, which allowed pipelines to transport direct-sale gas to fuel-switchable end users without offering the same service to captive consumers.
• Lieutenant Mary Ogden v. The United States
  758 F.2d 1168· 7th Cir.· 1985-03-29 ·cited 18×
  The court held that while Chappell v. Wallace bars monetary damages claims by military personnel against superior officers, it does not preclude injunctive relief for constitutional violations.
• Sierra Club v. Clark
  756 F.2d 686· 9th Cir.· 1985-03-25 ·cited 18×
• Anderson v. The Nat'l R.R. Passenger Corp. (AMTRAK)
  754 F.2d 202· 7th Cir.· 1984-12-06 ·cited 18×
  The court affirmed the district court's grant of summary judgment, holding that Amtrak's actions in terminating employment were not governmental actions subject to Fifth Amendment due process, and that the Public Law Board's decision was not arbitrary or outside its jurisdiction.
• Hinckley v. Sec'y OF Health & Human Servs.
  742 F.2d 19· 1st Cir.· 1984-08-22 ·cited 18×
  The court held that the Secretary of Health and Human Services' regulations for determining childhood disability are valid and a reasonable interpretation of the Social Security Act. The regulations do not violate the statutory directive for 'comparable severity' by not applying
• Pub. Citizen & Ctr. for Auto Safety v. Steed
  733 F.2d 93· D.C. Cir.· 1984-04-24 ·cited 18×
  The court held that the National Highway Traffic Safety Administration's (NHTSA) indefinite suspension of the treadwear grading program was arbitrary and capricious, violating the National Traffic and Motor Vehicle Safety Act and the Administrative Procedure Act.
• Dugan v. Arch Ramsay
  727 F.2d 192· 1st Cir.· 1984-02-09 ·cited 18×
  The court held that the Office of Personnel Management's practice of refusing to count trial preparation days for cases that settle before trial is arbitrary and capricious, and that the district court erred in dismissing the case for failure to exhaust administrative remedies.
• ITT World Commc'ns, Inc. v. Fed. Commc'ns Comm'n & United States
  725 F.2d 732· D.C. Cir.· 1984-01-13 ·cited 18×
  The Satellite Act of 1962 grants the FCC broad discretion to designate non-carriers as authorized users of Comsat's satellite services, and the FCC's decision to permit Comsat to sell services directly to the public was not arbitrary or capricious.
• Impro Prods., Inc. v. Block
  722 F.2d 845· D.C. Cir.· 1983-12-16 ·cited 18×
  The court held that the statute of limitations barred judicial review of the agency's dissemination of an article, and that the VST Act does not provide for implied civil injunctive relief for the government.
• The Christian Broad. Network, Inc. v. The Copyright Royalty Tribunal
  720 F.2d 1295· D.C. Cir.· 1983-10-25 ·cited 18×
  The court affirmed the Copyright Royalty Tribunal's 1979 distribution determination, finding its allocations to be rational and supported by substantial evidence, despite some imperfections in its explanations.
• Ariz. Past & Future Found., Inc. v. Drew Lewis
  722 F.2d 1423· 9th Cir.· 1983-10-11 ·cited 18×
  The court held that the Secretary of Transportation did not abuse his discretion in approving the West Papago Alternative for Interstate 10 construction, finding no feasible or prudent alternatives and no use of historic sites, and that the district court did not err in denying t
• United GAS Pipe Line Co. v. Fed. Energy Regulatory Comm'n
  707 F.2d 1507· D.C. Cir.· 1983-05-17 ·cited 18×
  The court held that the Commission failed to provide meaningful consideration for the waiver request and improperly delayed deliberations without statutory protection.
• People OF the State OF Ill. & Bi-Petro Ref. Co., Inc. v. Interstate Commerce Comm'n & United States
  698 F.2d 868· 7th Cir.· 1983-01-24 ·cited 18×
  The court held that while the ICC erred in denying discovery of bridge traffic information, this error was harmless as the information would not have altered the abandonment decision. The court affirmed the ICC's decision to abandon the rail line.
• Central States v. Cent. Transp., Inc.
  698 F.2d 802· 6th Cir.· 1983-01-20 ·cited 18×
  The court held that the Funds do not have a statutory or contractual right to audit the records of all of Transport's employees, but may inspect records with reasonable cause to believe an employee is covered.
• Am. Trucking Ass'ns, Inc. v. Interstate Commerce Comm'n & United States
  697 F.2d 1146· D.C. Cir.· 1983-01-14 ·cited 18×
  The court held that the Interstate Commerce Commission's definition of 'owner' as having a 10% or greater ownership interest in a motor vehicle, and permitting ownership of multiple vehicles, was not arbitrary, capricious, or contrary to law. The court also found that challenges
• Aeron Marine Shipping Co. v. United States
  695 F.2d 567· D.C. Cir.· 1982-11-23 ·cited 18×
  The court held that the Subsidy Board must admit all seven subsidized ships to the preference trades and has authority to set rates, but its chosen rate was not adequately justified and must be reconsidered.
• Trailways, Inc. v. Interstate Commerce Comm'n & United States
  681 F.2d 252· 5th Cir.· 1982-05-17 ·cited 18×
  The court held that the Interstate Commerce Commission did not abuse its discretion or act arbitrarily in granting Valley Transit Company authority for passenger and package express bus service and charter operations.
• Natural Res. Def. Council, Inc. v. United States Nuclear Regulatory Comm'n & United States
  685 F.2d 459· D.C. Cir.· 1982-04-27 ·cited 18×
• Refrigerated Transp. Co., Inc. v. The Interstate Commerce Comm'n & The United States
  673 F.2d 1196· 11th Cir.· 1982-04-19 ·cited 18×
  The court held that the ICC did not abuse its discretion in denying an oral rehearing and that its grant of motor common carrier authority was supported by substantial evidence and consistent with the Motor Carrier Act of 1980.