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

• VAN Gunten v. Central States
  672 F.2d 586· 6th Cir.· 1982-03-19 ·cited 18×
  The court held that the trustees' denial of pension benefits was not arbitrary or capricious given the unique facts of the case.
• Loyola Univ. v. Fed. Commc'ns Comm'n & United States
  670 F.2d 1222· D.C. Cir.· 1982-01-26 ·cited 18×
  The court held that the Federal Communications Commission engaged in reasoned decisionmaking within its statutory mandate when balancing competing demands for radio spectrum, and therefore affirmed the Commission's decision to permit limited sharing of clear channel frequencies.
• Empire-Detroit Steel Div. of Cyclops Corp. v. Interstate Commerce Comm'n & United States
  659 F.2d 396· 3d Cir.· 1981-09-28 ·cited 18×
  The court held that the Interstate Commerce Commission's policy of denying penalty demurrage relief to parties under an average agreement, even for frozen lading due to severe weather, is permissible.
• Int'l Ass'n OF Bridge v. Douglas
  646 F.2d 1211· 7th Cir.· 1981-05-01 ·cited 18×
  The court held that the Trustees acted within their authority to amend the welfare plan to limit benefits for employees whose employers ceased contributions, as the amendment was for the sole benefit of participants and prudent administration.
• Rec. Vehicle Indus. Ass'n v. Env't Prot. Agency
  653 F.2d 562· D.C. Cir.· 1981-04-16 ·cited 18×
  The court held that the EPA's regulations for medium and heavy trucks apply to motor homes, and the agency's actions were procedurally sound and supported by evidence. The court also found it had jurisdiction to hear the case.
• Bethlehem Steel Corp. v. The United States Env't Prot. Agency
  638 F.2d 994· 7th Cir.· 1980-12-22 ·cited 18×
  The court held that the EPA violated the 90-day requirement for acting on the DCO and that some of the EPA's stated reasons for disapproval were inadequately explained. The court also ordered certain EPA internal documents to be included in the record.
• Cooper v. The United States
  639 F.2d 727· Ct. Cl.· 1980-12-17 ·cited 18×
  The court should not have remanded for additional evidence when the plaintiff failed to deny charges and the agency decision had a rational basis.
• Stevens Park Osteopathic Hosp., Inc. v. The United States
  633 F.2d 1373· Ct. Cl.· 1980-09-10 ·cited 18×
  The court held that depreciation and interest expenses incurred from transactions between related organizations are not allowable costs under Medicare regulations, regardless of the fairness of the transaction terms.
• Mercy Hosp. & Med. Ctr. v. Harris
  625 F.2d 905· 9th Cir.· 1980-08-20 ·cited 18×
• Benmar Transp. & Leasing Corp. v. Interstate Commerce Comm'n & United States
  623 F.2d 740· 2d Cir.· 1980-06-11 ·cited 18×
  The court affirmed the Interstate Commerce Commission's grant of contract carrier authority, finding the decision supported by substantial evidence and not arbitrary or capricious.
• B. D. Click Co., Inc. v. The United States
  614 F.2d 748· Ct. Cl.· 1980-01-23 ·cited 18×
  The court held that the contract clearly required the installation of a complete sprinkler system, and the plaintiff's claim was barred by a signed release of claims, which was not rendered invalid by alleged duress.
• Katharine Gibbs Sch. (Incorporated) v. Fed. Trade Comm'n
  612 F.2d 658· 2d Cir.· 1979-12-12 ·cited 18×
  The dissenting judge argues that the FTC's Vocational School Rule is lawful, asserting that the Commission properly defined deceptive practices by linking them to affirmative requirements and that the pro rata refund provision is a valid remedial measure.
• Riley v. The United States
  608 F.2d 441· Ct. Cl.· 1979-09-19 ·cited 18×
  The court held that the plaintiff's nonselection for promotion was unlawful due to prejudicial errors in his record, entitling him to back pay, reinstatement, and correction of his military records.
• The Bd. OF Trade OF the City OF Chicago v. Commodity Futures Trading Comm'n
  605 F.2d 1016· 7th Cir.· 1979-09-12 ·cited 18×
  The Commodity Futures Trading Commission's determination of an emergency under Section 8a(9) of the Commodity Exchange Act is committed to agency discretion and is not judicially reviewable.
• Nat'l Crushed Stone Ass'n, Inc. v. Env't Prot. Agency
  601 F.2d 111· 4th Cir.· 1979-06-18 ·cited 18×
  The court held that the EPA's TSS limitations for mine dewatering and process generated wastewater were invalid due to the agency's failure to provide the public with an opportunity to comment on the underlying data. The court also found the recycling provisions void for vaguenes
• E. Tex. Motor Freight Lines, Inc. v. The United States & the Interstate Commerce Comm'n
  593 F.2d 691· 5th Cir.· 1979-04-23 ·cited 18×
  The dissenting judge believes the Interstate Commerce Commission abused its discretion by granting extensive temporary operating authority without sufficient justification or explanation.
• The WAY OF Life Television Network, Inc. v. Fed. Commc'ns Comm'n
  593 F.2d 1356· D.C. Cir.· 1979-02-08 ·cited 18×
  The court held that the FCC acted arbitrarily and capriciously by denying a waiver of the application cutoff date when the date was never validly promulgated according to its own rules.
• Nat'l Ass'n for Better Broad. v. Fed. Commc'ns Comm'n
  591 F.2d 812· D.C. Cir.· 1978-11-02 ·cited 18×
  The court held that the FCC reasonably concluded that the petitioner failed to raise substantial and material questions of fact warranting a hearing for license renewal, despite the Commission's occasionally unclear rationale.
• Mass. Gen. Hosp. v. Weiner
  569 F.2d 1156· 1st Cir.· 1978-01-25 ·cited 18×
  The court held that the Massachusetts Medicaid prospective reimbursement plan, approved by the Secretary, provided for 'reasonable costs' as required by federal law and did not violate constitutional due process or equal protection rights.
• Almay, Inc. v. Califano
  569 F.2d 674· D.C. Cir.· 1977-12-21 ·cited 18×
  The court held that the FDA's regulation defining 'hypoallergenic' based on comparative testing was arbitrary and capricious because it lacked sufficient support in the administrative record.
• Monroe Cnty. Conservation Council, Inc. v. Brock Adams
  566 F.2d 419· 2d Cir.· 1977-11-22 ·cited 18×
  The court held that the Environmental Impact Statement (EIS) and Section 4(f) Statement adequately considered alternatives and social impacts, and the district court did not err in finding compliance with statutory requirements.
• Sigmon v. POE
  564 F.2d 1093· 4th Cir.· 1977-10-17 ·cited 18×
  The court held that the district court erred in asserting pendant jurisdiction over state law claims after dismissing federal constitutional claims. The court also found that the plaintiff's federal due process claims were without merit.
• Texas Acorn v. Tex. Area 5 Health Sys. Agency, Inc.
  559 F.2d 1019· 5th Cir.· 1977-09-23 ·cited 18×
  The court held that the district court erred in granting summary judgment because it failed to hold an evidentiary hearing and applied an incorrect standard of review. The court also found a lack of jurisdiction over the HSA due to failure to meet the amount-in-controversy requir
• Forester v. Consumer Prod. Safety Comm'n OF THE United States
  D.D.C.· 1977-06-01 ·cited 18×
  The court held that the Consumer Product Safety Commission (CPSC) has the authority under the Federal Hazardous Substances Act (FHSA) to issue design and performance regulations for bicycles, including those intended for adult use, provided the risk of injury is unreasonable and
• Henrius Henry v. Immigr. & Naturalization Serv.
  552 F.2d 130· 5th Cir.· 1977-05-13 ·cited 18×
  The court held that the Board of Immigration Appeals' denial of withholding deportation was not arbitrary or capricious and that petitioners received procedural due process.
• Basin, Inc. v. Fed. Energy Admin. & Frank Zarb
  552 F.2d 931· Temp. Emer. Ct. App.· 1977-03-07 ·cited 18×
  The court held that the FEA's supplier-purchaser freeze rule (10 C.F.R. § 211.63) should be upheld if it has any rational basis, and that the district court erred by not applying this standard.
• Shiffler v. Schlesinger
  548 F.2d 96· 3d Cir.· 1977-01-12 ·cited 18×
  The court held that the district court did not abuse its discretion in denying injunctive relief based on laches, considering the significant progress of the military base realignment and potential prejudice to national defense.
• Minn. Pub. Interest Research Grp. & Sierra Club v. Butz
  541 F.2d 1292· 8th Cir.· 1976-08-30 ·cited 18×
  The Wilderness Act does not prohibit commercial logging in the virgin areas of the BWCA's Portal Zone, and the Environmental Impact Statement (EIS) is procedurally and substantively adequate under NEPA.
• Midwest Coast Transp., Inc. v. Interstate Commerce Comm'n & United States
  536 F.2d 256· 8th Cir.· 1976-06-07 ·cited 18×
  The court affirmed the Interstate Commerce Commission's order granting expanded operating authority, finding that the Commission's decision was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• Virginians FOR Dulles by Clive L. DuVal v. Volpe
  541 F.2d 442· 4th Cir.· 1976-06-02 ·cited 18×
  The FAA's acquiescence in the vastly expanded use of National and Dulles Airports requires an environmental impact statement under the National Environmental Policy Act, even for projects initiated before the Act's passage.
• Fla. Sugar Cane League, Inc. v. Usery
  531 F.2d 299· 5th Cir.· 1976-05-10 ·cited 18×
  The court held that the Secretary of Labor's determination of the adverse effect wage rate was a proper exercise of rule-making authority, reasonably related to the enabling legislation.
• Tasty Baking Co. v. Cost OF Living Council
  529 F.2d 1005· Temp. Emer. Ct. App.· 1975-12-22 ·cited 18×
  The court held that while the Cost of Living Council's denial of certain exception relief was supported by substantial evidence, its violation order was invalid due to the promulgation of regulations without proper notice under the Administrative Procedure Act.
• The Am. Civil Liberties Union v. Fed. Commc'ns Comm'n
  523 F.2d 1344· 9th Cir.· 1975-09-16 ·cited 18×
  The court held that the FCC's failure to impose common carrier obligations on cable television access channels and its limitations on cablecasting by cable owners are within the FCC's broad authority, reasonably ancillary to its responsibilities for regulating television broadcas
• The Arundel Corp. v. The United States
  515 F.2d 1116· Ct. Cl.· 1975-05-14 ·cited 18×
  The court affirmed the trial judge's decision, holding that the plaintiff failed to establish that the Board's factual determination regarding changed conditions was arbitrary or unsupported by substantial evidence under the Wunderlich Act.
• Fayetteville Area Chamber OF Commerce v. Volpe
  515 F.2d 1021· 4th Cir.· 1975-05-05 ·cited 18×
  The court affirmed the district court's decision, holding that the preparation and approval of the environmental impact statement and the consideration of alternative routes complied with NEPA and the Federal-Aid Highways Act.
• Nat'l Roofing Contractors Ass'n v. Brennan
  495 F.2d 1294· 7th Cir.· 1974-04-30 ·cited 18×
  The court held that the Secretary of Labor's promulgation of an OSHA standard was flawed due to the lack of qualified employer representation on the advisory committee and the vagueness of the standard itself.
• Am. Nursing Home Ass'n v. The Cost OF Living Council
  497 F.2d 909· Temp. Emer. Ct. App.· 1974-04-29 ·cited 18×
  The court held that the Cost of Living Council's regulations, as applied to nursing homes, were not arbitrary and capricious and did not conflict with Medicare and Medicaid provisions, reversing the lower court's judgment and injunction.
• Sierra Club v. Froehlke
  486 F.2d 946· 7th Cir.· 1973-10-02 ·cited 18×
  The court held that the Corps of Engineers' environmental impact statement complied with NEPA's requirements and that the failure to obtain local assurances did not void the flood control project.
• Conservation Council OF N.C. v. Froehlke
  473 F.2d 664· 4th Cir.· 1973-02-08 ·cited 18×
  District courts have an obligation to substantively review agency decisions under NEPA to determine if they are arbitrary or give insufficient weight to environmental factors.
• H & H Tire Co. v. United States Dep't OF Transp.
  471 F.2d 350· 7th Cir.· 1972-12-05 ·cited 18×
  The court held that the respondent failed to perform its statutory duty by not considering the costs and benefits of a proposed safety standard.
• Am. Airlines, Inc. v. Civil Aeronautics Bd.
  445 F.2d 891· 2d Cir.· 1971-07-23 ·cited 18×
  The court held that the Civil Aeronautics Board (CAB) did not act arbitrarily or capriciously by directing arbitration for airline employee seniority list integration disputes, even when one party expressed reluctance.
• WM. A. Smith Contracting Co., Inc. v. The United States
  412 F.2d 1325· Ct. Cl.· 1969-07-16 ·cited 18×
  The court affirmed the denial of the plaintiffs' motion for summary judgment and granted the defendant's cross-motion, dismissing the plaintiffs' petition.
• Bromion v. The United States
  411 F.2d 1020· Ct. Cl.· 1969-06-20 ·cited 18×
  The court held that the ASBCA's decision was supported by substantial evidence and not arbitrary or capricious, and that the plaintiff failed to prove mutual mistake or legal error.
• Hossein Hosseinmardi v. Immigr. & Naturalization Serv.
  405 F.2d 25· 9th Cir.· 1968-03-22 ·cited 18×
  The court denied the petition for rehearing, affirming the Board of Immigration Appeals' decision.
• Nat'l Labor Relations Bd. v. The Lord Baltimore Press, Inc.
  370 F.2d 397· 8th Cir.· 1966-12-28 ·cited 18×
  The court held that the National Labor Relations Board's denial of a hearing on allegations of union election misconduct was improper, requiring denial of enforcement of the bargaining order. However, the court affirmed the Board's determination of the bargaining unit's appropria
• Island Airlines v. Civil Aeronautics Bd.
  363 F.2d 120· 9th Cir.· 1966-07-08 ·cited 18×
  The court held that the Civil Aeronautics Board (CAB) did not err in denying Island Airlines' petition for an exemption from economic regulation for inter-island flights in Hawaii, and that procedural objections not raised before the CAB are waived.
• Stephens v. The United States
  358 F.2d 951· Ct. Cl.· 1966-02-18 ·cited 18×
  The court held that the Army's denial of disability retirement pay was not arbitrary or capricious, and that a myocardial infarction is a disease, not an injury, under the relevant statute.
• Hutter v. The United States
  345 F.2d 828· Ct. Cl.· 1965-05-14 ·cited 18×
  The court held that the Air Force Board for Correction of Military Records acted arbitrarily and capriciously by denying disability retirement benefits based on an inaccurate ex parte opinion from the Surgeon General, which was contrary to substantial evidence of the plaintiff's
• Arnold v. United AIR Lines, Inc.
  296 F.2d 191· 7th Cir.· 1961-11-06 ·cited 18×
  The court held that the District Court properly dismissed the complaint for lack of jurisdiction, as the System Board's decision was not a denial of due process and had a reasonable basis.
• Flemming v. Helmer F. Lindgren
  275 F.2d 596· 9th Cir.· 1960-01-20 ·cited 18×
  The court held that the Secretary applied an arbitrary standard by limiting the salary solely to the corporation's actual earnings, and that a new hearing is necessary for redetermination.