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

• Zebley v. Otis R. Bowen, M.D.
  855 F.2d 67· 3d Cir.· 1988-08-10 ·cited 12×
  The Secretary's regulations are too restrictive by failing to provide an individualized assessment of functional limitations for disabled children, thus violating the statutory mandate for comparable severity.
• Ala. Power Co. v. Interstate Commerce Comm'n & United States
  852 F.2d 1361· D.C. Cir.· 1988-08-02 ·cited 12×
  The court held that Conrail's motion to intervene should be treated as such and granted, extending the time for filing due to good cause shown. The court would affirm the Commission's action.
• Public Citizen v. Nat'l Hwy. Traffic Safety Admin.
  848 F.2d 256· D.C. Cir.· 1988-06-07 ·cited 12×
  The court held that petitioners lacked standing to sue under the EPCA due to speculative injuries regarding fuel-efficient automobiles, fuel consumption, and environmental concerns.
• Ill. Commerce Comm'n & Patrick W. Simmons v. Interstate Commerce Comm'n & United States
  848 F.2d 1246· D.C. Cir.· 1988-05-24 ·cited 12×
  The court held that the Interstate Commerce Commission's (ICC) exemption regulation, which significantly reduced the advance notice period for rail abandonments to states, was arbitrary and capricious because it failed to adequately consider Congress's intent to delegate a crucia
• Ulstein Mar., Ltd. v. United States
  833 F.2d 1052· 1st Cir.· 1987-11-25 ·cited 12×
  The court held that the district court had the authority to invalidate the SBA's certificate of competency and order the Navy to re-award the contract, as the SBA's immunity under 15 U.S.C. § 634(b)(1) does not preclude all judicial review or equitable relief in such cases.
• Veg-Mix, Inc. v. U.S. Dep't OF Agric. & United States
  832 F.2d 601· D.C. Cir.· 1987-10-30 ·cited 12×
  The court held that administrative tribunals may admit hearsay evidence under laxer standards and that a majority shareholder can be found 'responsibly connected' under PACA. It affirmed findings for Kuzzens but remanded for further factual determination regarding Harris.
• H.K. Porter Co., Inc. v. Metro. Dade Cnty.
  825 F.2d 324· 11th Cir.· 1987-08-24 ·cited 12×
  The court held that Metropolitan Dade County's (MDC) 5% minority business enterprise (MBE) goal in its construction contract bidding procedure was constitutional, both on its face and as applied, and that MDC did not act arbitrarily or capriciously in denying the contract to the
• Nat'l Tr. FOR Historic Pres. IN the United States v. Dole
  828 F.2d 776· D.C. Cir.· 1987-06-02 ·cited 12×
  The court affirmed the district court's grant of summary judgment, holding that the Federal Highway Administration (FHWA) was not statutorily bound to conduct environmental evaluations under Section 4(f) of the Department of Transportation Act or the National Environmental Policy
• State OF Wash. v. Bowen
  815 F.2d 549· 9th Cir.· 1987-04-20 ·cited 12×
  The Secretary's disapproval of the State's Medicaid plan amendment was arbitrary, capricious, an abuse of discretion, and violated the Deficit Reduction Act of 1984 because the 'name-on-the-check' rule is inconsistent with the Medicaid statute and regulations when applied to comm
• Nat'l Treas. Emps. Union v. Griffin
  811 F.2d 644· D.C. Cir.· 1987-02-06 ·cited 12×
  The court held that the Customs Service's denial of fee waivers for FOIA requests was not arbitrary or capricious because the union failed to demonstrate that the requested information would primarily benefit the general public.
• Horizons Int'l, Inc. v. Baldrige
  811 F.2d 154· 3d Cir.· 1987-01-20 ·cited 12×
  The court held that the district court erred in expanding the administrative record beyond what was before the agency when reviewing the Secretary's decision to issue an export certificate.
• Norwich Eaton Pharms., Inc. v. Bowen
  808 F.2d 486· 6th Cir.· 1987-01-09 ·cited 12×
  The court held that the FDA's determination that Buprenex was approved in 1981 was reasonable and not arbitrary or capricious, reversing the district court's finding that approval occurred in 1985.
• Spezzaferro v. Fed. Aviation Admin.
  807 F.2d 169· Fed. Cir.· 1986-12-05 ·cited 12×
  The court held that the Merit Systems Protection Board (MSPB) did not abuse its discretion in denying petitioners' discovery requests and that the FAA's method of calculating overtime back pay was reasonable and in compliance with law.
• Munnelly v. The United States Postal Serv.
  805 F.2d 295· 8th Cir.· 1986-11-12 ·cited 12×
  The Postal Service lawfully discharged Munnelly because the Postal Reorganization Act eliminated his presidential appointee status, and his financial misconduct created a nexus with the efficiency of the service.
• Carmine Romano v. Baer
  805 F.2d 268· 7th Cir.· 1986-11-05 ·cited 12×
  The Parole Commission may use aggravating factors to continue incarceration beyond guidelines, even if related to the offense, as long as those factors were not used to determine the initial severity category.
• Dep't of Soc. Servs. v. Bowen
  804 F.2d 1035· 8th Cir.· 1986-11-04 ·cited 12×
  The district court's decision, which requires DOSS to seek repayment from the healthcare provider before refunding the state's share of excessive payments, is consistent with the Medicaid program's scheme and should be affirmed.
• Humana, Inc. v. Dep't OF Health & Rehabilitative Servs.
  492 So. 2d 388· Fla. 4th DCA· 1986-04-16 ·cited 12×
  Cypress Community Hospital appealed the Department of Health and Rehabilitative Services' denial of its certificate of need application for a cardiac catheterization laboratory in Broward County, Florida. The agency approved competing applications from Plantation General Hospital
• Dixon v. Heckler
  785 F.2d 1102· 2d Cir.· 1986-03-07 ·cited 12×
  The court affirmed the district court's grant of a preliminary injunction against the Secretary's use of "severity regulations" in evaluating disability benefits, finding the regulations likely inconsistent with the Social Security Act.
• Berniece Larimore v. C.T. Conover
  775 F.2d 890· 7th Cir.· 1985-11-01 ·cited 12×
  The Comptroller of the Currency exceeded his statutory authority by ordering a bank director to personally indemnify the bank for losses without a prior judicial determination of knowing violation.
• Saied Parcham v. Immigr. & Naturalization Serv.
  769 F.2d 1001· 4th Cir.· 1985-08-13 ·cited 12×
  The dissenting judge argues that the Board of Immigration Appeals (BIA) abused its discretion by affirming the immigration judge's decision, which improperly considered the alien's nationality and exercise of First Amendment rights.
• The Grigoleit Co. v. United Rubber
  769 F.2d 434· 7th Cir.· 1985-07-31 ·cited 12×
  The court held that the arbitrator did not exceed his authority by determining the employer acted arbitrarily in refusing to recall an employee, and the district court properly granted summary judgment to enforce the award.
• Donovan v. Adams Steel Erection, Inc.
  766 F.2d 804· 3d Cir.· 1985-07-05 ·cited 12×
  The court held that the general fall protection standard (29 C.F.R. § 1926.105(a)) is not preempted by industry-specific steel erection standards for exterior perimeter falls, and that proof of employee 'access' to a zone of danger, not actual exposure, is sufficient to establish
• Cerro Copper Prods. Co. & Vill. of Sauget v. Ruckelshaus
  766 F.2d 1060· 7th Cir.· 1985-07-01 ·cited 12×
  The court held that the EPA's promulgation of national wastewater pretreatment standards for the copper-forming industry was a fair, reasonable, and proper embodiment of Congressional intent, and that the petitioners' challenge to the removal credit program was untimely.
• Duke Power Co. v. United States Nuclear Regulatory Comm'n
  770 F.2d 386· 4th Cir.· 1985-06-24 ·cited 12×
  The court held that the Nuclear Regulatory Commission's denial of Duke Power Company's request for an exemption to locate its Oconee Nuclear Plant's Emergency Operations Facility (EOF) 125 miles away was not arbitrary, capricious, or an abuse of discretion.
• Haruna Dabone v. Karn
  763 F.2d 593· 3d Cir.· 1985-06-07 ·cited 12×
  The court held that the petitioner's departure from the U.S. for two months on a planned, multi-continent trip constituted a 'meaningfully interruptive' departure, thus subjecting him to exclusion proceedings upon re-entry and rendering him ineligible for discretionary relief und
• McCONNELL v. Meba Medical AND Benefits Plan
  759 F.2d 1401· 9th Cir.· 1985-05-07 ·cited 12×
  The court held that the district court abused its discretion in denying attorneys' fees under ERISA and reversed that decision, while affirming the grant of summary judgment for the plaintiff on the supplemental benefit and the denial of punitive damages and higher prejudgment in
• Int'l Union v. Donovan
  756 F.2d 162· D.C. Cir.· 1985-03-05 ·cited 12×
  The court held that the precedent set in TRAC v. FCC should not be applied retroactively to void otherwise valid orders issued by the District Court prior to transfer.
• Am. Ass'n OF Exporters & Importers-Textile & Apparel Grp. v. The United States
  751 F.2d 1239· Fed. Cir.· 1985-01-04 ·cited 12×
  The Court of Appeals affirmed the lower court's decision, holding that the Court of International Trade had jurisdiction and that the appellant lacked standing to challenge the agency's actions based on statutory interpretation and APA violations.
• Holy Cross Hospital-Mission Hills v. Heckler
  749 F.2d 1340· 9th Cir.· 1984-12-21 ·cited 12×
  The court held that it has jurisdiction to review the Secretary's regulation defining 'personal comfort items' and that the regulation classifying patient bedside telephones as personal comfort items was within the Secretary's statutory authority.
• Cross-Sound Ferry Servs., Inc. v. Interstate Commerce Comm'n & United States
  738 F.2d 481· D.C. Cir.· 1984-07-06 ·cited 12×
  The court held that the Interstate Commerce Commission's grant of water common carrier authority was arbitrary and capricious because the agency failed to ensure a reasoned decision-making process, lacking sufficient evidence and specificity regarding routes and ports.
• Bertrand v. United States
  726 F.2d 518· 9th Cir.· 1984-02-21 ·cited 12×
  The court held that the one-year disqualification from the Food Stamp Program was a valid sanction, reversing the district court's reduction of the penalty.
• Exxon Pipeline Co. v. United States & Fed. Energy Regulatory Comm'n
  725 F.2d 1467· D.C. Cir.· 1984-01-27 ·cited 12×
  Decisions not to suspend rates and decisions to suspend for short periods are not reviewable, but decisions to suspend for lengthy periods are reviewable.
• Indus. Holographics, Inc. v. Donovan
  722 F.2d 1362· 7th Cir.· 1983-12-20 ·cited 12×
  The court held that the Secretary of Labor had statutory authority to issue regulations requiring employers to offer prevailing wages for alien employment certification and that the agency's prevailing wage determination and denial of certification were not arbitrary or capriciou
• Robinson v. Hadden
  723 F.2d 59· 10th Cir.· 1983-12-12 ·cited 12×
  The Parole Commission may consider evidence of offenses charged in dismissed counts when determining parole eligibility, provided it does not violate a plea agreement or a government representation. The Commission did not abuse its discretion in rating the offense severity or set
• Bertie Mae Rhoton v. Central States
  717 F.2d 988· 6th Cir.· 1983-09-22 ·cited 12×
  The court held that the denial of survivor benefits was arbitrary and capricious because the pension plan's language did not support the trustees' interpretation that the election of disability benefits precluded an election of early retirement benefits.
• Sierra Club v. Anne M. Gorsuch
  715 F.2d 653· D.C. Cir.· 1983-08-26 ·cited 12×
  The court lacks jurisdiction because the agency has not taken final action on strip mines, and the matter is not ripe for review.
• Nat'l Labor Relations Bd. v. Yellow Transp. Co.
  709 F.2d 1342· 9th Cir.· 1983-07-08 ·cited 12×
  The court held that the National Labor Relations Board's order to bargain should be enforced because the employer failed to present a prima facie case of misrepresentations that would warrant setting aside the election, even under the prior, more lenient standard.
• N. Penn GAS Co. v. Fed. Energy Regulatory Comm'n
  707 F.2d 763· 3d Cir.· 1983-05-13 ·cited 12×
  The court held that the Federal Energy Regulatory Commission (FERC) acted within its statutory authority in ordering refunds when it rejected a natural gas company's proposed method for valuing stored gas inventory in favor of its own, even though the company had used the rejecte
• Global van Lines, Inc. v. Interstate Commerce Comm'n & United States
  704 F.2d 829· 5th Cir.· 1983-05-12 ·cited 12×
  The court held that the Interstate Commerce Commission properly granted contract carrier authority to Bekins Van Lines, finding that the proposed services met the statutory 'distinct needs' test for contract carriage.
• Loveday v. Fed. Commc'ns Comm'n & United States
  707 F.2d 1443· D.C. Cir.· 1983-05-10 ·cited 12×
  The court held that broadcast licensees are not required to conduct extensive investigations into the true sponsorship of political advertisements when presented with undocumented allegations and rebuttals, as long as they exercise reasonable diligence to obtain information from
• Port Norris Express Co., Inc. v. Interstate Commerce Comm'n & United States
  697 F.2d 497· 3d Cir.· 1982-12-29 ·cited 12×
  The court held that the Interstate Commerce Commission's decision to grant Allied Bulk Carriers, Inc. a certificate to operate as a common carrier was supported by substantial evidence and was not arbitrary or capricious.
• Steere Tank Lines, Inc. v. Interstate Commerce Comm'n & United States
  694 F.2d 413· 5th Cir.· 1982-12-27 ·cited 12×
  The court held that the Interstate Commerce Commission's order reasonably broadening motor carrier certificates was supported by substantial evidence and within the bounds of the Motor Carrier Act of 1980.
• United States v. Fed. Mar. Comm'n
  694 F.2d 793· D.C. Cir.· 1982-11-16 ·cited 12×
  The court held that the Federal Maritime Commission (FMC) must conduct a more thorough inquiry into the anticompetitive effects of intermodal rate agreements before approving them under Section 15 of the Shipping Act.
• Cities OF Anaheim AND Riverside v. Fed. Energy Regulatory Comm'n
  692 F.2d 773· D.C. Cir.· 1982-11-05 ·cited 12×
  The court held that the Commission's orders were procedural and not ripe for judicial review because they did not inflict irreparable injury and immediate review would invade the agency's province.
• Powell v. Schweiker
  688 F.2d 1357· 11th Cir.· 1982-10-12 ·cited 12×
  The court held that the Secretary improperly denied Supplemental Security Income benefits to children by not allowing them to prove disability through consideration of all pertinent facts, unlike adults.
• City OF Dothan v. Fed. Energy Regulatory Comm'n
  684 F.2d 159· D.C. Cir.· 1982-08-03 ·cited 12×
  The court held that the Federal Energy Regulatory Commission's decision to grant a preliminary permit to the applicant who filed first, when competing applications were deemed equally well adapted to serve the public interest, was supported by substantial evidence and not arbitra
• Kennecott Corp. v. Env't Prot. Agency
  684 F.2d 1007· D.C. Cir.· 1982-07-30 ·cited 12×
  The court held that EPA's 'closure' test for NSO eligibility misinterprets 'reasonably available' under Section 119 and that EPA committed procedural errors by failing to adequately docket data and allow public comment on forecast data.
• Sherman v. Alexander
  684 F.2d 464· 7th Cir.· 1982-07-07 ·cited 12×
  The court held that the Merit Systems Protection Board's decision to uphold the petitioner's removal was supported by substantial evidence and was not arbitrary or capricious, affirming the removal.
• Reba Bredehorst v. The United States
  677 F.2d 87· Ct. Cl.· 1982-04-21 ·cited 12×
  A preference eligible employee of the Postal Service is not entitled to the full procedural rights of a competitive service civil servant in a suspension action, and prior suspensions of less than 30 days need not be accompanied by notice of appeal rights to be considered grounds
• Nat'l Fed'n OF Fed. Emps. & Nat'l Ass'n of Gov't Emps. v. Devine
  671 F.2d 607· D.C. Cir.· 1982-02-19 ·cited 12×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Office of Personnel Management (OPM) had good cause to postpone the federal employees' health benefit open season without prior notice and comment under the Administrative Procedure Act due to unforeseen emergency circumstances.