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

• Minn. Power & Light Co. v. Fed. Energy Regulatory Comm'n
  852 F.2d 1070· 8th Cir.· 1988-08-01 ·cited 8×
  The court held that the Federal Energy Regulatory Commission (FERC) properly interpreted its regulation regarding expenses includable in a fuel adjustment clause, but erred in denying a waiver without sufficient consideration of the circumstances.
• Cleary v. Graphic Commc'ns Int'l Union Supplemental Ret. & Disability Fund
  841 F.2d 444· 1st Cir.· 1988-03-15 ·cited 8×
  The court held that the Fund was not estopped from denying supplemental benefits based on informal representations or mistaken payments, and that the Trustees' decisions regarding benefit eligibility and rule liberalization were not arbitrary or capricious.
• J.E. Davidson v. United States Dep't OF Energy
  838 F.2d 850· 6th Cir.· 1988-02-03 ·cited 8×
  The court held that the Department of Energy's promulgation of medical and physical fitness standards for security personnel was not arbitrary, capricious, or otherwise unlawful under the APA, and that claims of discriminatory impact should be brought under relevant anti-discrimi
• O.W. Shull v. State Mach. Co.
  836 F.2d 306· 7th Cir.· 1987-12-18 ·cited 8×
  The court held that the trustees' interpretation of the loan agreement and their refusal to accept substitute collateral were reasonable under the arbitrary and capricious standard, and the participant forfeited review of the fund management issue.
• Gencom Inc. v. Fed. Commc'ns Comm'n
  832 F.2d 171· D.C. Cir.· 1987-10-30 ·cited 8×
  The court held that the FCC acted lawfully in granting Metro Mobile's application and denying Gencom's petition for review, finding no error in the FCC's refusal to grant an evidentiary hearing or in its comparative evaluations.
• Fischer & Porter Co., Inc. v. United States Int'l Trade Comm'n
  831 F.2d 1574· Fed. Cir.· 1987-10-28 ·cited 8×
  The court affirmed the International Trade Commission's determination that the importation of certain flowmeters did not violate section 337 because the appellant failed to establish substantial injury to the domestic industry, vacating the patent infringement issues as moot.
• Sw. Bell Tel. Co. v. Ark. Pub. Serv. Comm'n
  824 F.2d 672· 8th Cir.· 1987-07-29 ·cited 8×
  A state regulatory commission's adjustment of a public utility's wage expenses for ratemaking purposes, based on reasonableness compared to similar companies, is not preempted by the National Labor Relations Act.
• Natural Res. Def. Council, Inc. v. United States Env't Prot. Agency & United States
  824 F.2d 1258· 1st Cir.· 1987-07-17 ·cited 8×
  The court held that the EPA's standards for high-level radioactive waste disposal were not arbitrary or capricious and did not violate the Safe Drinking Water Act, as the standards were promulgated within the EPA's statutory authority and adequately explained.
• Doyle v. Brock
  821 F.2d 778· D.C. Cir.· 1987-06-26 ·cited 8×
  The majority opinion improperly exceeds judicial review boundaries by deciding whether a case should be brought and its outcome, rather than reviewing the Secretary's discretionary decision under the arbitrary and capricious standard.
• ST. Paul-Ramsey Med. Ctr. & St. Paul-Ramsey Med. Ctr. Comm'n v. Otis R. Bowen, M.D.
  816 F.2d 417· 8th Cir.· 1987-04-15 ·cited 8×
  The court held that while the hospital failed to prove specific excess costs for an exception, the Secretary was statutorily required to retroactively apply the 1980 indirect teaching cost adjustment.
• Coastal States Energy Co. v. Hodel
  816 F.2d 502· 10th Cir.· 1987-04-09 ·cited 8×
  The court held that while the Secretary has broad authority to readjust coal lease terms, the automatic imposition of an 8% royalty rate for underground mines was improper, as the regulation allows for consideration of lower rates if conditions warrant. Other readjustments were a
• Rogers v. Dep't of Def. Dependents Schs.
  814 F.2d 1549· Fed. Cir.· 1987-03-13 ·cited 8×
  The court held that the arbitrator's award sustaining the employee's removal was supported by substantial evidence and not arbitrary, capricious, or contrary to law, despite an initial error in refusing to review performance standards.
• Nat'l Treas. Emps. Union v. Fed. Labor Relations Auth.
  810 F.2d 1224· D.C. Cir.· 1987-02-06 ·cited 8×
  The court held that Proposal 1, which did not account for employee availability, interfered with the IRS' right to determine when work is performed and was thus nonnegotiable, but Proposal 2, which granted preference to union officials absent just cause, did not interfere with th
• Blassingame v. Secretary OF the Navy
  811 F.2d 65· 2d Cir.· 1987-01-26 ·cited 8×
  The court held that the right to judicial review of a Correction Board decision accrues at the time of the Board's decision, not the original discharge, and that the district court improperly granted summary judgment without fair notice.
• Univ. OF Cincinnati v. Sec'y OF Health & Human Servs.
  809 F.2d 307· 6th Cir.· 1987-01-15 ·cited 8×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
• Bordelon v. Block
  810 F.2d 468· 5th Cir.· 1986-12-11 ·cited 8×
  The court held that the permanent disqualification from the food stamp program was not arbitrary and capricious and that the district court correctly granted summary judgment.
• Rutherford v. United States
  806 F.2d 1455· 10th Cir.· 1986-12-09 ·cited 8×
  The district court lacked jurisdiction to reopen a case and reconsider the FDA's 'new drug' determination, as the issue of Laetrile's effectiveness had already been decided and any new evidence must be presented to the FDA.
• Ward v. United States Parole Comm'n
  804 F.2d 64· 7th Cir.· 1986-10-20 ·cited 8×
  The court held that Federal Rule of Appellate Procedure 23(a) requires only a deferential review of the Attorney General's determination of need for a prisoner transfer pending habeas corpus appeal, limited to ensuring the court's ability to adjudicate the case effectively.
• Am. Fed'n OF Gov't Emps. v. Fed. Labor Relations Auth.
  802 F.2d 1159· 9th Cir.· 1986-10-20 ·cited 8×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the union's proposal was nonnegotiable because it directly interfered with the agency's right to determine its internal security practices.
• United States v. E. AIR Lines, Inc.
  792 F.2d 1560· 11th Cir.· 1986-07-09 ·cited 8×
  The court held that the FAA's oral directive to physically inspect bottles revealed by x-ray was a reasonable interpretation and enforcement of existing regulations, not an unauthorized amendment requiring a written directive.
• Shelley v. Brock
  793 F.2d 1368· D.C. Cir.· 1986-06-27 ·cited 8×
  The court held that the Secretary of Labor's explanation for declining to sue to set aside a union election was inadequate, requiring remand for further consideration and clearer explanation.
• Horizon Concepts, Inc. v. City OF Balch Springs
  789 F.2d 1165· 5th Cir.· 1986-05-16 ·cited 8×
  The court held that the city's zoning ordinance regulating modular home construction is constitutional on its face and as applied to the plaintiff, and that the plaintiff's failure to appear before the zoning commission justified the denial of permits.
• Crounse Corp. v. Interstate Commerce Comm'n & United States
  781 F.2d 1176· 6th Cir.· 1986-01-23 ·cited 8×
  The court held that the ICC erroneously interpreted and applied the Panama Canal Act by failing to consider the effect of the acquisition on competition between railroads and barge-lines.
• Cellular Mobile Sys. OF Ill., Inc. v. Fed. Commc'ns Comm'n
  782 F.2d 214· D.C. Cir.· 1986-01-10 ·cited 8×
  The court held that the FCC's denial of CMS's cellular license application was not arbitrary or capricious, affirming the Commission's decision to grant the license to Rogers Radiocall, Inc.
• Sierra Club v. Sec'y OF Transp.
  779 F.2d 776· 1st Cir.· 1985-12-23 ·cited 8×
  The court held that the Coast Guard's arbitrary and capricious action in treating a causeway as a bridge under the General Bridge Act, thereby avoiding the stricter requirements of the Rivers and Harbors Act, was sufficient grounds to revoke the permit.
• Nat'l Classification Comm. & Nat'l Motor Freight Traffic Ass'n, Inc. v. United States & Interstate Commerce Comm'n
  779 F.2d 687· D.C. Cir.· 1985-12-17 ·cited 8×
  The court held that petitioners were afforded their statutory right to a hearing, as the issues in the current application were substantially the same as those previously litigated, and the Commission's decision to deny the amendment was not arbitrary, capricious, or in excess of
• Wellington Y. Kwan v. Donovan
  777 F.2d 479· 9th Cir.· 1985-11-26 ·cited 8×
  The court held that the Secretary's denial of labor certification was not arbitrary, capricious, or an abuse of discretion, and was consistent with applicable law.
• State OF Ohio v. Ruckelshaus
  776 F.2d 1333· 6th Cir.· 1985-11-15 ·cited 8×
• Johnson v. Heckler
  776 F.2d 166· 7th Cir.· 1985-10-30 ·cited 8×
  The court denied the petition for rehearing and rehearing en banc.
• Clark-Cowlitz Joint Operating Agency v. Fed. Energy Regulatory Comm'n
  775 F.2d 366· D.C. Cir.· 1985-10-22 ·cited 8×
  The court held that the Commission's revised interpretation of the municipal preference statute was unreasonable and its decision was arbitrary and capricious.
• Yaffe Iron & Metal Co., Inc. v. United States Env't Prot. Agency
  774 F.2d 1008· 10th Cir.· 1985-10-03 ·cited 8×
  The court held that while Yaffe committed violations of PCB regulations, the civil penalty must be vacated and remanded because the administrative law judge improperly relied on an exhibit to establish notice of PCB presence.
• Fla. Fruit & Vegetable Ass'n v. Brock
  771 F.2d 1455· 11th Cir.· 1985-09-24 ·cited 8×
  The court affirmed the district court's decision regarding the Adverse Effect Wage Rate (AEWR) methodology but found the piece-rate regulation invalid due to inadequate notice.
• Cities OF Campbell and Thayer v. Fed. Energy Regulatory Comm'n
  770 F.2d 1180· D.C. Cir.· 1985-08-23 ·cited 8×
  The court affirmed the FERC's order, holding that the contract language permitted unilateral rate increases under § 205 of the Federal Power Act.
• Monty Cranston v. Clark
  767 F.2d 1319· 9th Cir.· 1985-08-06 ·cited 8×
  The court held that the district court erred in reversing the IBLA's decision, as there was no evidence of an agreement or understanding between the applicants that would constitute a prohibited 'interest' or 'multiple filing' under the regulations.
• W. OIL & GAS Ass'n v. The United States Env't Prot. Agency
  767 F.2d 603· 9th Cir.· 1985-07-30 ·cited 8×
  The court held that the EPA's criterion allowing consideration of pollution source location in nonattainment area designations is permissible under the Clean Air Act.
• Am. Fin. Servs. Ass'n v. Fed. Trade Comm'n
  767 F.2d 957· D.C. Cir.· 1985-07-12 ·cited 8×
  The court held that the FTC's Credit Practices Rule, including provisions on wage assignments and security interests in household goods, was within the Commission's statutory authority, supported by substantial evidence, and did not unlawfully preempt state law.
• Milo Burroughs v. Off. OF Pers. Mgmt.
  764 F.2d 1300· 9th Cir.· 1985-07-02 ·cited 8×
  The court held that the district court had jurisdiction to review the OPM's classification decision under the Mandamus Act, and that the OPM's rescission of the regional office's reclassification was arbitrary and unsupported by the evidence.
• Ky. Utils. Co. v. The United States Fed. Energy Regulatory Comm'n
  766 F.2d 239· 6th Cir.· 1985-06-28 ·cited 8×
  The Commission's decision to allow a shorter notice period for cancellations up to 25 MW, balancing potential losses against benefits to competition, was reasonable.
• Hudson Transit Lines, Inc. v. United States
  765 F.2d 329· 2d Cir.· 1985-06-17 ·cited 8×
  The court held that the ICC's decisions to grant unrestricted bus operating authority were not arbitrary and capricious, as the agency properly applied the Bus Regulatory Reform Act of 1982's policy favoring competition and found protestant's claims of harm to be speculative.
• McGLORY v. United States
  763 F.2d 309· 7th Cir.· 1985-06-06 ·cited 8×
  The court held that the district court erred in dismissing the suit based on a standard of reviewing agency action for arbitrariness or capriciousness, rather than conducting a de novo trial on the factual findings.
• ST. Mary of Nazareth Hosp. Ctr. v. Heckler
  760 F.2d 1311· D.C. Cir.· 1985-04-30 ·cited 8×
  The court held that the Department of Health and Human Services (HHS) cannot include labor/delivery patients who received no routine care as inpatients for Medicare reimbursement calculations, as this violates statutory mandates against cost-shifting.
• Mem'l Hosp. OF Carbondale & Herrin Hosp. v. Heckler
  760 F.2d 771· 7th Cir.· 1985-04-18 ·cited 8×
  The court held that the agency's decision to disallow Medicare reimbursement for family practice grants as non-seed money was based on erroneous reasoning and must be remanded. However, the court affirmed the disallowance of interest expense related to a bond reserve fund.
• Containerfreight Corp. v. United States & Interstate Commerce Comm'n
  752 F.2d 419· 9th Cir.· 1985-01-22 ·cited 8×
  The court held that the Commission's order granting statewide authority was not supported by substantial evidence of public need, but the finding of applicant fitness was adequately supported and articulated.
• United States v. Devil's Hole, Inc.
  747 F.2d 895· 3d Cir.· 1984-11-09 ·cited 8×
  The court held that anthracite silt recovered from silt dams constitutes coal and that the operations for its recovery qualify as surface coal mining subject to reclamation fees under the Surface Mining Act.
• ST. Elizabeth's Hosp. OF Boston v. Sec'y OF Health & Human Servs.
  746 F.2d 918· 1st Cir.· 1984-10-18 ·cited 8×
  The court affirmed the Secretary's decision that the hospital's neurology/neurosurgery and interim coronary care units were not special care units, as the Secretary's interpretation of the regulation was supported by substantial evidence and entitled to deference.
• Orleans Audubon Soc'y v. Colonel Robert C. LEE
  742 F.2d 901· 5th Cir.· 1984-10-01 ·cited 8×
  The court held that the Corps of Engineers' decisions not to require permits for the blockage of the Drill Hole Canal, the repair of levees, and the installation of drainage culverts were not arbitrary or capricious and were reasonable interpretations of the Clean Water Act and R
• August H. Ganze, Jr. v. Dart Indus., Inc.
  741 F.2d 790· 5th Cir.· 1984-09-17 ·cited 8×
  The court held that consistent application of a plan's valuation date for terminated employees, even if it results in them not receiving post-termination dividends, is not arbitrary or capricious under ERISA.
• The Peoples GAS Light & Coke Co. & N. Shore Gas Co. v. The Fed. Energy Regulatory Comm'n
  742 F.2d 1109· 7th Cir.· 1984-09-05 ·cited 8×
  The court held that the Federal Energy Regulatory Commission failed to provide an adequate explanation for its decision to apply the E-l rate to Natural Gas Pipeline Company's emergency sales.
• United States Satellite Broad. Co., Inc. v. Fed. Commc'ns Comm'n & United States
  740 F.2d 1177· D.C. Cir.· 1984-07-24 ·cited 8×
  The court held that the FCC's classification of USCI's direct-to-home video service as not 'broadcasting' was incorrect, and that the FCC's rulemaking to allow sharing of spectrum between fixed and broadcast satellite services was valid.
• Intercity Transp. Co. v. United States & Interstate Commerce Comm'n
  737 F.2d 103· D.C. Cir.· 1984-06-19 ·cited 8×
  The court held that the Interstate Commerce Commission's refusal to institute a declaratory order proceeding is a final agency action subject to judicial review, but affirmed the Commission's decision as a reasonable exercise of discretion.