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

• Suntex Dairy v. Block
  666 F.2d 158· 5th Cir.· 1982-01-21 ·cited 12×
  The court held that the Secretary's determination that the merged order tended to effectuate the Act's policy was supported by substantial evidence, and that further determinations regarding handler failure and order necessity were discretionary acts not subject to judicial revie
• Bonen v. The United States
  666 F.2d 536· Ct. Cl.· 1981-12-02 ·cited 12×
  The court held that the plaintiff's claim for back pay was time-barred by the six-year statute of limitations, as the AFBCMR's decision did not create a new cause of action under the 'half-a-loaf' doctrine because the plaintiff had not requested full monetary relief.
• The W. Union Tel. Co. v. Fed. Commc'ns Comm'n & the United States
  665 F.2d 1112· D.C. Cir.· 1981-09-02 ·cited 12×
  The court affirmed the FCC's decisions regarding Western Union's petitions and dismissed the IRCs' petitions as premature.
• Holmes Limestone Co. v. Andrus
  655 F.2d 732· 6th Cir.· 1981-08-06 ·cited 12×
  The court held that the district court has jurisdiction to review the regulation defining 'cemetery' and that the statutory provisions for review are not exclusive.
• The Process GAS Consumers Grp. v. U. S. Dep't OF Agric.
  694 F.2d 728· D.C. Cir.· 1981-07-29 ·cited 12×
  The court held that the rule must be remanded because it reverses the statutory scheme by favoring new users in a lower priority classification over new users in the highest priority classification.
• Citizens FOR A Better Env't v. United States Env't Prot. Agency
  649 F.2d 522· 7th Cir.· 1981-05-26 ·cited 12×
  The court held that it lacked jurisdiction to review challenges to the New Source Rules because they were never properly submitted or approved by the USEPA. The court affirmed the USEPA's approval of Rule 203(f) as not arbitrary and capricious.
• United States v. Savare DeFELICE
  641 F.2d 1169· 5th Cir.· 1981-04-09 ·cited 12×
  The court held that the Corps of Engineers had jurisdiction over the private, artificial canal because it was tidal and navigable in fact, and that the dam was not 'currently serviceable' to qualify for a permit exemption.
• Mobil OIL Corp. v. Dep't OF Energy & Charles W. Duncan, Jr.
  647 F.2d 142· Temp. Emer. Ct. App.· 1981-04-07 ·cited 12×
  The court held that the revised judgment, which incorporated statutory language limiting cost pass-through after February 1, 1976, complied with the prior mandate, and affirmed the judgment as modified.
• Citizens Against the Refinery's Effects, Inc. v. United States Env't Prot. Agency
  643 F.2d 178· 4th Cir.· 1981-03-05 ·cited 12×
  The court held that the EPA's issuance of a Prevention of Significant Deterioration (PSD) permit to Hampton Roads Energy Company (HREC) was not arbitrary, capricious, or otherwise unlawful, and therefore affirmed the agency's decision.
• Sharron Motor Lines, Inc. v. United States & Interstate Commerce Comm'n
  633 F.2d 1115· 5th Cir.· 1981-01-05 ·cited 12×
  The court held that the ICC's denial of Sharron's application and its disparate treatment of Sharron compared to competitors was arbitrary and capricious, requiring reversal.
• N. Clackamas Cmty. Hosp. v. Harris
  664 F.2d 701· 9th Cir.· 1980-12-31 ·cited 12×
  The court held that the Provider Reimbursement Review Board (PRRB) rationally determined that the portion of a hospital's purchase price allocated to 'going concern value' (GCV), which was akin to goodwill, was not a reimbursable cost under the Medicare Act.
• Lukens Steel Co. v. Klutznick
  629 F.2d 881· 3d Cir.· 1980-08-19 ·cited 12×
  The court held that the Economic Development Administration's (EDA) use of aggregate production figures to assess compliance with section 702 of the Public Works and Economic Development Act (PWEDA) was arbitrary and inconsistent with the Act's purpose, as it could conceal signif
• Amusement & Music Operators Ass'n v. The Copyright Royalty Tribunal
  636 F.2d 531· D.C. Cir.· 1980-08-07 ·cited 12×
  The Court held that the Copyright Royalty Tribunal's regulations concerning phonorecord player access must be reviewed directly by the Court of Appeals, not the District Court, as mandated by 17 U.S.C. § 810.
• Concord Twp. v. The United States & the Interstate Commerce Comm'n
  625 F.2d 1068· 3d Cir.· 1980-06-23 ·cited 12×
  The court held that the ICC's grant of a certificate for freight service over the eastern segment of the line was arbitrary and capricious due to a lack of substantial evidence of shipper need, and that an Environmental Impact Statement was not required.
• CF&I Steel Corp. v. Econ. Dev. Admin.
  624 F.2d 136· 10th Cir.· 1980-06-20 ·cited 12×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Economic Development Administration's (EDA) approval of a loan guarantee for Wheeling-Pittsburgh Steel was rational and supported by the administrative record, and that the trial court did not err in its review.
• CBS, Inc. v. Fed. Commc'ns Comm'n & United States
  629 F.2d 1· D.C. Cir.· 1980-03-14 ·cited 12×
  The court held that Section 312(a)(7) of the Communications Act, as implemented by the FCC, is constitutional because its limited oversight role and careful adherence to neutrality standards sufficiently mitigate the danger of impermissible government favoritism.
• Dawson v. Andrus
  612 F.2d 1280· 10th Cir.· 1980-01-15 ·cited 12×
  The court held that the Bureau of Land Management's disqualification of the plaintiff's oil and gas lease offer for failure to pay the first year's rental within the prescribed time was not arbitrary or capricious.
• E. I. du Pont de Nemours & Co. v. The United States
  608 F.2d 445· Ct. Cl.· 1979-10-17 ·cited 12×
  The court affirmed the Commissioner's reallocation of income, finding the taxpayer failed to prove the Commissioner's method was arbitrary or capricious.
• Comm. TO Elect Lyndon la Rouche v. Fed. Election Comm'n
  613 F.2d 834· D.C. Cir.· 1979-08-23 ·cited 12×
  The court held that the Presidential Primary Matching Payment Act requires candidates to demonstrate eligibility with adequate documentation, and the Federal Election Commission can investigate patent irregularities suggesting fraud, balancing prompt payment with preventing frivo
• ITT World Commc'ns, Inc. v. Fed. Commc'ns Comm'n & United States
  595 F.2d 897· 2d Cir.· 1979-03-22 ·cited 12×
  The court held that the FCC's grant of perpetual certificates for specialized international record communications service was arbitrary and capricious due to serious doubts about implementation, and that the FCC's interpretation of Section 222 regarding the separation of domestic
• Gen. Dynamics Corp. v. Marshall
  572 F.2d 1211· 8th Cir.· 1978-02-14 ·cited 12×
  The court held that FOIA exemptions are permissive, not mandatory, and that 18 U.S.C. § 1905 does not provide a private cause of action for injunctive relief against disclosure. Review of agency decisions to disclose information should be under the Administrative Procedure Act ba
• United AIR Lines, Inc. v. Civil Aeronautics Bd. [Holding Co. Reorganizations]
  569 F.2d 640· D.C. Cir.· 1977-11-28 ·cited 12×
  The court held that the Civil Aeronautics Board (CAB) had the authority to impose conditions on air carrier certificates to regulate intercorporate transactions with holding companies, even without express statutory power for each specific regulation. The court also found that th
• C. A. White Trucking Co. v. United States & Interstate Commerce Comm'n
  555 F.2d 1260· 5th Cir.· 1977-07-15 ·cited 12×
  The court held that the Interstate Commerce Commission's denial of gateway elimination applications was supported by substantial evidence and not arbitrary or capricious.
• Julius Goldman's Egg City v. The United States
  556 F.2d 1096· Ct. Cl.· 1977-06-15 ·cited 12×
  The court held that judicial review of indemnity payments is available, but only to determine if the administrative computation was arbitrary, capricious, an abuse of discretion, or contrary to law. The court also found that triable issues of fact existed regarding the plaintiff'
• Ideal Basic Indus., Inc. v. Rogers C. B. Morton
  542 F.2d 1364· 9th Cir.· 1976-09-28 ·cited 12×
  The Interior Board of Land Appeals (IBLA) had the authority to reconsider a prior administrative decision, and the applicant had not exhausted administrative remedies by failing to participate in further fact-finding proceedings.
• Garrett Freightlines, Inc. v. United States & Interstate Commerce Comm'n
  540 F.2d 450· 9th Cir.· 1976-07-26 ·cited 12×
  The court held that the Interstate Commerce Commission's grant of temporary motor carrier authority was not arbitrary, capricious, or an abuse of discretion, as there was some evidence supporting the finding of an immediate and urgent need.
• Lenard Wallace Nolen, Sr. v. Rumsfeld
  535 F.2d 888· 5th Cir.· 1976-07-21 ·cited 12×
  The court held that the district court accorded the plaintiff a full hearing as required and that the Army Board for Correction of Military Records' decision was not arbitrary, capricious, or unsupported by substantial evidence.
• Maryland-National Cap. Park & Planning Comm'n v. Lynn
  514 F.2d 829· D.C. Cir.· 1975-06-12 ·cited 12×
  The court held that the Secretary of HUD did not err in denying approval for the lease of open-space land for an indoor tennis facility due to a restrictive fee schedule, as it was inconsistent with the grant contract's purpose of preserving open-space use and ensuring public acc
• Merchs. & Planters Bank of Newport v. Smith
  516 F.2d 355· 8th Cir.· 1975-05-09 ·cited 12×
  The court affirmed the district court's judgment, finding the Comptroller's approval of a branch bank facility was neither arbitrary, capricious, nor an abuse of discretion.
• Peden v. The United States
  512 F.2d 1099· Ct. Cl.· 1975-03-19 ·cited 12×
  The court held that the dismissal of an ex-government employee was proper, as the agency's decision was based on substantial evidence and not arbitrary, capricious, or contrary to law, despite procedural issues with one charge.
• Blackman v. The City OF BIG Sandy
  507 F.2d 935· 5th Cir.· 1975-02-07 ·cited 12×
  The court held that the city's zoning ordinance, which prohibited the sale of intoxicating beverages in a residential zone, was not arbitrary, capricious, or unconstitutional as applied to the appellants.
• The First Bank & Tr. Co. v. Smith
  509 F.2d 663· 1st Cir.· 1975-01-03 ·cited 12×
  The court held that the Comptroller's approval of a branch bank application must be remanded because the record did not clearly demonstrate consideration of the relevant state statutory standard, which is required by federal law.
• Associated Elec. Coop., Inc. v. Rogers C. B. Morton
  507 F.2d 1167· D.C. Cir.· 1974-11-18 ·cited 12×
  The court held that the Secretary of the Interior's imposition of a transmission service charge was a valid exercise of his rate-making authority under the Flood Control Act and the contract, and that the agency's actions were subject to judicial review and not arbitrary or capri
• Env't Def. Fund, Inc. v. Froehlke
  477 F.2d 1033· 8th Cir.· 1973-04-20 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying a blanket injunction to halt all construction pending a final Environmental Impact Statement, balancing the equities and potential harm.
• Wood v. United States Post Off. Dep't
  472 F.2d 96· 7th Cir.· 1973-01-09 ·cited 12×
  The court held that the Postal Service's discharge of Wood was supported by substantial evidence and had a rational basis, thus it was not arbitrary or capricious.
• The First Nat'l Bank OF Crown Point v. Camp
  463 F.2d 595· 7th Cir.· 1972-07-07 ·cited 12×
  The court held that the Comptroller's approval of a branch bank location was supported by substantial evidence and not arbitrary or capricious, and that the district court properly granted summary judgment.
• City Lumber Co. & Port Everglades Steel Corp. v. The United States
  457 F.2d 991· C.C.P.A.· 1972-04-13 ·cited 12×
  The court held that the Tariff Commission's determination of injury was not arbitrary, capricious, or ultra vires, and that the Customs Court correctly affirmed the imposition of dumping duties.
• McCLENDON v. Winton M. Blount
  452 F.2d 381· 7th Cir.· 1971-11-04 ·cited 12×
  The court held that the plaintiff failed to state a claim upon which relief could be granted and that the cause of action was barred by res judicata.
• Nager Elec. Co., Inc. v. The United States
  442 F.2d 936· Ct. Cl.· 1971-05-14 ·cited 12×
  The court held that the administrative determination of the credit due to the Government for deleted valves was incorrect because it failed to consider the contractor's actual and probable costs and the benefit of its bargain with its subcontractor.
• Muldonian v. The United States
  432 F.2d 443· Ct. Cl.· 1970-10-16 ·cited 12×
  The court held that the plaintiff was not entitled to back pay or accelerated promotions because the Air Force Board for Correction of Military Records' decision was not arbitrary, capricious, or contrary to law, and military promotions are largely discretionary.
• Ruderer v. The United States
  412 F.2d 1285· Ct. Cl.· 1969-07-16 ·cited 12×
  The court held that the plaintiff's removal was not arbitrary or capricious and was supported by substantial evidence, and that the denial of a within-grade pay increase was also proper.
• Beckham v. The United States
  375 F.2d 782· Ct. Cl.· 1967-04-14 ·cited 12×
  The court held that the waiver statute applies only to civilian-incurred injuries and that the Trial Commissioner erred in denying plaintiff's request for a trial.
• Mulry v. Driver
  366 F.2d 544· 9th Cir.· 1966-09-15 ·cited 12×
  The court held that even if the Administrator's regulation is subject to judicial review, courts have strict limitations on their power to substitute their judgment for that of the administrative agency when the agency acts within its delegated authority.
• Agatha Mendelson v. Macy
  356 F.2d 796· D.C. Cir.· 1966-01-13 ·cited 12×
  The court held that the Civil Service Commission's findings were adequate, the finding of fraud was not arbitrary, and the Associate Administrator's review substantially complied with NASA's procedural requirements.
• Nat'l Labor Relations Bd. v. Gen. Tube Co.
  331 F.2d 751· 6th Cir.· 1964-05-13 ·cited 12×
  The court held that the Regional Director's determination of voter eligibility was not arbitrary or capricious, and therefore, the NLRB's order for the respondent to engage in collective bargaining should be enforced.
• Gen. Motors Corp. v. United States & Interstate Commerce Comm'n
  324 F.2d 604· 6th Cir.· 1963-11-20 ·cited 12×
  The court affirmed the district court's dismissal, upholding the Interstate Commerce Commission's tariff classification.
• Jamieson v. Marion B. Folsom now Anthony J. Celebrezze
  311 F.2d 506· 7th Cir.· 1963-01-11 ·cited 12×
  The court held that the plaintiff's petition for review was untimely filed, barring his right to judicial review.
• Panhandle E. Pipe Line Co. v. Fed. Power Comm'n
  236 F.2d 289· 3d Cir.· 1956-07-25 ·cited 12×
  The court held that the Federal Power Commission's order denying Panhandle's application to reduce natural gas service was not arbitrary or capricious and was supported by substantial evidence.
• State of Ariz. Ex rel. Ariz. State Bd. of Pub. Welf. v. Hobby
  221 F.2d 498· D.C. Cir.· 1954-05-13 ·cited 12×
  The court held that the suit should be dismissed for lack of jurisdiction due to sovereign immunity, as the complaint did not allege substantial charges of unlawful action or reliance on an unconstitutional statute.
• Gonzales v. United States
  212 F.2d 71· 6th Cir.· 1954-04-15 ·cited 12×
  The court held that the denial of conscientious objector and ministerial status was not arbitrary or capricious and did not violate due process.