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

• Int'l Ladies' Garment Workers' Union v. Donovan
  733 F.2d 920· D.C. Cir.· 1984-04-30 ·cited 10×
  The Court of Appeals holds that the District Court erred in recharacterizing the appellants' motion as one for preliminary injunction and remands for the District Court to determine if the Secretary violated the prior mandate.
• Local 32, Afge, AFL-CIO v. Fed. Labor Relations Auth.
  728 F.2d 1526· D.C. Cir.· 1984-03-13 ·cited 10×
  The court held that the FLRA's decision that Proposal II was nonnegotiable was not arbitrary or contrary to law, but reversed and remanded the decision regarding Proposal VI, finding it negotiable as an appropriate arrangement.
• William F. Grigsby & the Nat'l Weather Serv. Emps. Org. v. U.S. Dep't OF Commerce
  729 F.2d 772· Fed. Cir.· 1984-03-12 ·cited 10×
  The court held that an SF-50 form is not determinative of an employee's status if there is demonstrable ministerial error in its execution, and the government is not estopped from correcting such errors if the employee did not rely on them.
• Boston Carrier, Inc. v. Interstate Commerce Comm'n & United States
  728 F.2d 1508· D.C. Cir.· 1984-03-02 ·cited 10×
  The court held that the Interstate Commerce Commission's finding that Habit Motor Lines was fit to receive a certificate of public convenience and necessity was supported by substantial evidence and not arbitrary or capricious.
• Erickson Transp. Corp. v. Interstate Commerce Comm'n & United States
  728 F.2d 1057· 8th Cir.· 1984-02-27 ·cited 10×
  The court held that the ICC failed to make sufficient findings that Stewco, Inc. was fit, willing, and able to provide the service, and failed to provide sufficient findings to support its decision regarding transportation policy factors.
• Wyo. Hosp. Ass'n v. Harris
  727 F.2d 936· 10th Cir.· 1984-02-06 ·cited 10×
  The court held that the 1979 regulations issued under the Hill-Burton Act were within the Secretary's statutory authority and rationally based, and did not unconstitutionally impair the hospitals' rights.
• R.I. Handicapped Action Comm. v. R.I. Pub. Transit Auth.
  718 F.2d 490· 1st Cir.· 1983-09-29 ·cited 10×
  The court held that section 504 of the Rehabilitation Act does not authorize courts to order affirmative action in the form of requiring transit authorities to purchase wheelchair lifts for buses, especially when the authority complies with federal regulations. The court reversed
• Ill. Cent. Gulf R.R. Co. v. Interstate Commerce Comm'n & United States
  717 F.2d 408· 7th Cir.· 1983-09-15 ·cited 10×
  The court held that the ICC's decision setting the purchase price for the railroad line was arbitrary and capricious due to an erroneous reading of the record, but affirmed the other ICC orders.
• Wilkett v. Interstate Commerce Comm'n & United States
  710 F.2d 861· D.C. Cir.· 1983-06-24 ·cited 10×
  The Commission erred in denying expanded motor carrier authority by improperly equating the company's fitness with the proprietor's criminal convictions and failing to apply its own established standards for evaluating fitness.
• Turner v. Off. OF Pers. Mgmt.
  707 F.2d 1499· D.C. Cir.· 1983-05-17 ·cited 10×
  The court held that the Merit Systems Protection Board (MSPB) erred in denying disability retirement based on an unclear rationale and by imposing legal burdens not found in the statute. The court remanded the case for a proper redetermination.
• Louisiana-Pacific Corp. v. Block
  694 F.2d 1205· 9th Cir.· 1982-12-21 ·cited 10×
  The court held that the Forest Service's October memorandum was an interpretative rule, not subject to formal APA rulemaking procedures, and that the Forest Service did not abuse its discretion in applying the small business set-aside program in Mendocino.
• Otto v. Block
  693 F.2d 472· 5th Cir.· 1982-12-13 ·cited 10×
  The court held that the magistrate erred in reducing the Food and Nutrition Service's one-year disqualification of Mike's Food Store from the Food Stamp Program, as the violations were serious and reflected store policy.
• Nat'l Cable Television Ass'n v. Copyright Royalty Tribunal
  689 F.2d 1077· D.C. Cir.· 1982-09-10 ·cited 10×
  The court affirmed the Copyright Royalty Tribunal's decision to adjust royalty rates by 21% but remanded for clarification on the calculation of the 1980 adjustment factor.
• Giesler v. Merit Sys. Prot. Bd. of the United States (department of Transp.
  686 F.2d 844· 10th Cir.· 1982-08-18 ·cited 10×
  The court held that the FAA did not commit harmful error by failing to follow its regulations or breach its contractual duty under the PATCO agreement, and that the imposed suspension was for good cause promoting the efficiency of the service.
• The Cleveland Elec. Illuminating Co. v. Interstate Commerce Comm'n & United States
  685 F.2d 170· 6th Cir.· 1982-08-12 ·cited 10×
  The court's conclusion that the ICC's denial of relief was not arbitrary or capricious is disagreed with.
• Providence Rd. Cmty. Ass'n v. Env't Prot. Agency (EPA)
  683 F.2d 80· 4th Cir.· 1982-07-01 ·cited 10×
  The court held that the EPA's decision not to prepare an Environmental Impact Statement (EIS) was not arbitrary and that the notice provided, while not explicit, complied with federal requirements.
• United States AIR Force v. Fed. Labor Relations Auth.
  681 F.2d 466· 6th Cir.· 1982-06-23 ·cited 10×
  The court held that the FLRA's finding of an unfair labor practice was contradictory and not in accordance with law, denying enforcement of its order.
• Nat'l Mar. Union of Am., Afl-Cio v. The United States
  682 F.2d 944· Ct. Cl.· 1982-06-16 ·cited 10×
  The court held that the Executive Department acted without statutory authority in imposing wage caps by ignoring Congressional guidelines set forth in prevailing rate statutes.
• W. Coal Traffic League v. United States & Interstate Commerce Comm'n
  677 F.2d 915· D.C. Cir.· 1982-05-04 ·cited 10×
  The court held that the Interstate Commerce Commission acted within its statutory authority in adopting a modified input cost index for railroad rate adjustments, and that its rationale for not including productivity adjustments was adequate, though barely so.
• Consol. Edison Co. OF NEW York, Inc. v. Fed. Energy Regulatory Comm'n
  676 F.2d 763· D.C. Cir.· 1982-04-20 ·cited 10×
  The court affirmed FERC's approval of an end-use curtailment plan that did not require compensation for customers experiencing below-average curtailment, finding it was not arbitrary or capricious and did not violate the Natural Gas Act.
• Amusement & Music Operators Ass'n v. Copyright Royalty Tribunal
  676 F.2d 1144· 7th Cir.· 1982-04-16 ·cited 10×
  The court held that the Copyright Royalty Tribunal's final rule establishing a new jukebox royalty fee was lawful and supported by the record, and that the arbitrary and capricious standard of review was appropriate.
• Georgia-Pacific Corp. v. United States Env't Prot. Agency
  671 F.2d 1235· 9th Cir.· 1982-03-18 ·cited 10×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the ninety-day period for filing a petition for review begins upon the petitioner's receipt of notice of the agency's denial, not the date of the denial itself, and that Georgia-Pacific waived its right to an adversarial hearing by failing to request one.
• Darby v. Internal Revenue Serv. & Merit Sys. Prot. Bd.
  672 F.2d 192· D.C. Cir.· 1982-03-05 ·cited 10×
• Elec. Smith, Inc. v. Secretary OF Labor
  666 F.2d 1267· 9th Cir.· 1982-02-04 ·cited 10×
  The court held that a subcontractor who did not create or control hazardous conditions, but took reasonable and realistic measures to protect its employees, should not be held responsible for violations of OSHA regulations.
• Dancy v. The United States
  668 F.2d 1224· Ct. Cl.· 1982-01-13 ·cited 10×
  The court affirmed the MSPB's decision to uphold the plaintiff's separation, finding the agency's failure to notify the plaintiff of his predecessor's reemployment rights to be harmless error. The court also denied the plaintiff's request to transfer his tort claim to district co
• Ohio Power Co. v. Fed. Energy Regulatory Comm'n
  668 F.2d 880· 6th Cir.· 1982-01-11 ·cited 10×
  The Commission denied applications for rehearing and clarified its order requiring credits or refunds for excess charges collected under a modified interconnection agreement.
• Hines v. Rinker
  667 F.2d 699· 8th Cir.· 1981-12-28 ·cited 10×
  The court held that the university's decision to dismiss a student for academic deficiencies was not arbitrary or capricious, and therefore, summary judgment for the university was appropriate.
• Cohen v. Civil Aeronautics Bd.
  657 F.2d 999· 8th Cir.· 1981-08-31 ·cited 10×
  The court affirmed the Civil Aeronautics Board's denial of arbitration, finding the employee's claims regarding job reclassification and termination were not arbitrable under the Labor Protective Provisions.
• Vicksburg Hosp., Inc. v. Nat'l Labor Relations Bd.
  653 F.2d 1070· 5th Cir.· 1981-08-21 ·cited 10×
  The court held that the National Labor Relations Board properly found the hospital guilty of unfair labor practices for refusing to bargain, as the bargaining unit was appropriate and the union's conduct did not invalidate the election.
• Jackson Park Hosp. Found. v. The United States
  659 F.2d 132· Ct. Cl.· 1981-08-19 ·cited 10×
  The court held that the Medicare regulations preventing reimbursement for depreciation and interest costs apply to one-time sales between related organizations, and that the plaintiff's loan modification disqualified it from an exception.
• Mercury Motor Express, Inc. v. United States & Interstate Commerce Comm'n
  648 F.2d 315· 5th Cir.· 1981-06-18 ·cited 10×
  The court held that the Interstate Commerce Commission's (ICC) policy statement allowing private carriers to obtain for-hire operating authority is consistent with the Motor Carrier Act and is rational, and that the ICC's determination not to prepare environmental and energy impa
• Austin Bldg. Co. v. Occupational Safety & Health Review Comm'n & Sec'y of Labor
  647 F.2d 1063· 10th Cir.· 1981-05-08 ·cited 10×
  The court held that the regulation 29 C.F.R. § 1926.28(a) was not unconstitutionally vague as applied and that the employer had knowledge of the hazardous condition, but reversed a violation for 29 C.F.R. § 1926.451(a)(12) due to insufficient proof.
• Carnation Co. v. Secretary OF Labor
  641 F.2d 801· 9th Cir.· 1981-04-09 ·cited 10×
  The court held that the Secretary's failure to consider plant-wide economic feasibility and allow Carnation to present rebuttal evidence constituted a denial of due process, but that the agency's deviation from its manual did not warrant suppression of evidence.
• Iowa Pub. Serv. Co. v. Interstate Commerce Comm'n & United States
  643 F.2d 542· 8th Cir.· 1981-03-16 ·cited 10×
  The court affirmed the ICC's market dominance finding but remanded several cost determination issues for reconsideration, while also directing the ICC to consider energy implications and upholding the timeliness of refund awards.
• Consol. Rail Corp. v. Interstate Commerce Comm'n & United States
  646 F.2d 642· D.C. Cir.· 1981-02-26 ·cited 10×
  The ICC acted properly in determining that the railroads' tariffs based on special train service were unnecessary and wasteful, and thus unreasonable.
• Defenders OF Wildlife, Inc. v. Endangered Species Sci. Auth.
  659 F.2d 168· D.C. Cir.· 1981-02-03 ·cited 10×
  The court held that parts of the government regulation governing bobcat pelt exports are invalid because the Scientific Authority's guidelines lacked adequate scientific data to determine "no detriment" to the species' survival. The court also reversed the dismissal of certain cl
• Davis v. The United States Dep't OF Hous. & Urban Dev.
  627 F.2d 942· 9th Cir.· 1980-08-25 ·cited 10×
  The court held that the complaint stated grounds for relief against HUD and Pomona officials, reversing the dismissal of claims against them and remanding for further proceedings.
• Henkle v. Campbell
  626 F.2d 811· 10th Cir.· 1980-08-04 ·cited 10×
  The court held that the Civil Service Commission's decision to terminate the plaintiff for insubordination was supported by substantial evidence and had a rational basis, affirming the district court's grant of summary judgment.
• The Mountain States Tel. & Tel. Co. v. Occupational Safety & Health Review Comm'n & Ray Marshall
  623 F.2d 155· 10th Cir.· 1980-06-23 ·cited 10×
  The Commission acted arbitrarily by improperly shifting the burden of proof to the employer to demonstrate the unpreventability of a supervisory employee's own violation of a safety standard.
• Nat'l Collegiate Athletic Ass'n v. Califano
  622 F.2d 1382· 10th Cir.· 1980-04-17 ·cited 10×
• Wadeco, Inc. v. Fed. Commc'ns Comm'n
  628 F.2d 122· D.C. Cir.· 1980-04-04 ·cited 10×
  The court held that the FCC's disqualification of WADECO was arbitrary and excessive given the evidence of confusion and reliance on counsel, rather than intentional fraud.
• City OF NEW Haven v. Civil Aeronautics Bd.
  618 F.2d 955· 2d Cir.· 1980-03-03 ·cited 10×
  The court held that the Airline Deregulation Act permits air carriers to suspend service to a point upon giving 90 days' notice, provided that the suspension does not deprive the community of essential air transportation.
• Studt v. United States
  607 F.2d 1216· 8th Cir.· 1979-10-29 ·cited 10×
  The court held that a district court's review of a sanction imposed under the Food Stamp Act is limited to determining if the sanction is arbitrary and capricious, not to substituting its own judgment for the Department of Agriculture's.
• Martineau v. Perrin
  601 F.2d 1201· 1st Cir.· 1979-07-12 ·cited 10×
  The court held that the petitioner's parole revocation did not violate his due process rights, and the state courts had sufficient information to review the parole board's decision without an additional federal evidentiary hearing.
• Fla. Power & Light Co. & Amoco Prod. Co. v. Fed. Energy Regulatory Comm'n
  598 F.2d 370· 5th Cir.· 1979-07-05 ·cited 10×
  The Federal Energy Regulatory Commission acted within its authority by imposing conditions on new natural gas transportation certificates, prioritizing public interest and conservation over existing private contracts during a gas shortage, and these conditions did not unlawfully
• Am. Trucking Ass'ns, Inc. v. United States & Interstate Commerce Comm'n
  602 F.2d 444· D.C. Cir.· 1979-06-26 ·cited 10×
  The court held that the Interstate Commerce Commission (ICC) had the statutory authority to issue a general rule allowing dual operations for motor carriers, finding it consistent with the public interest and national transportation policy.
• Jaimez-Revolla v. Griffin B. Bell
  598 F.2d 243· D.C. Cir.· 1979-03-27 ·cited 10×
  The court held that the Attorney General's denial of the appellant's application for permission to reapply for admission after deportation was not arbitrary or an abuse of discretion, as the appellant had flagrantly violated U.S. immigration laws.
• Rutherford v. United States
  582 F.2d 1234· 10th Cir.· 1978-07-10 ·cited 10×
  The court held that the statutory requirements of 'safety' and 'effectiveness' for new drugs have no reasonable application to terminally ill cancer patients seeking to use Laetrile intravenously.
• Dorchester GAS Producing Co. v. Fed. Energy Regulatory Comm'n
  571 F.2d 823· 5th Cir.· 1978-04-18 ·cited 10×
  The court's authority is limited to affirming, modifying, or setting aside an agency order, not remanding with advisory opinions on future actions.
• Tri-State Motor Transit Co. v. United States & Interstate Commerce Comm'n
  570 F.2d 773· 8th Cir.· 1978-02-16 ·cited 10×
  The court affirmed the Interstate Commerce Commission's order granting operating authority to motor carriers for transporting nuclear materials, finding the decision supported by substantial evidence and not arbitrary or capricious.