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

• W.H. Nimon v. Resolution Tr. Corp.
  975 F.2d 240· 5th Cir.· 1992-10-21 ·cited 6×
  The court held that the Resolution Trust Corporation's denial of federal deposit insurance coverage was not arbitrary and capricious, and the procedures followed provided due process. Jurisdiction for review lies with the court of appeals.
• Winchester v. Prudential Life Ins. Co. OF Am.
  975 F.2d 1479· 10th Cir.· 1992-09-24 ·cited 6×
  The court held that heart failure alone does not constitute 'bodily injury' under an accidental death policy under Utah law, and that the insurer's interpretation was not arbitrary and capricious.
• Martinez v. Immigr. & Naturalization Serv.
  970 F.2d 973· 1st Cir.· 1992-07-28 ·cited 6×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying a waiver of deportation, as its decision was rational and based on the petitioner's significant criminal history.
• Aronson v. Internal Revenue Serv.
  973 F.2d 962· 1st Cir.· 1992-07-10 ·cited 6×
  The court held that the IRS is not required to disclose taxpayer street addresses under FOIA because a specific tax statute exempts such information, and the requester does not qualify as 'press or other media' to whom disclosure is permitted. The court also affirmed the denial o
• Nat'l Gypsum Co. v. United States Env't Prot. Agency
  968 F.2d 40· D.C. Cir.· 1992-06-19 ·cited 6×
  The EPA's decision to list the Salford Quarry on the National Priorities List was arbitrary and capricious due to inadequate scientific basis for toxicity and persistence scores.
• Natural Res. Def. Council, Inc. v. United States Env't Prot. Agency
  966 F.2d 1292· 9th Cir.· 1992-06-04 ·cited 6×
  The court held that EPA's definition of 'discharge associated with industrial activity' was a permissible construction of the statute, and that NRDC's claims regarding permit deadlines and substantive controls were premature.
• Citizens FOR Clean AIR & Council for Land Care & Planning v. United States Env't Prot. Agency
  959 F.2d 839· 9th Cir.· 1992-03-26 ·cited 6×
  The court held that the EPA's denial of Citizens' petitions for administrative review was not arbitrary or capricious, as Citizens failed to provide sufficient evidence to demonstrate that recycling should be considered a Best Available Control Technology (BACT) for the Spokane i
• Cascade Natural GAS Corp. v. Fed. Energy Regulatory Comm'n
  955 F.2d 1412· 10th Cir.· 1992-02-07 ·cited 6×
  The court held that the Federal Energy Regulatory Commission (FERC) has jurisdiction under the Natural Gas Act (NGA) to authorize the construction of a pipeline tap and meter facility for direct delivery of natural gas to industrial consumers, as this constitutes interstate trans
• Phillips Petroleum Co. v. Manual Lujan
  951 F.2d 257· 10th Cir.· 1991-12-02 ·cited 6×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Secretary of the Interior has the authority to order a lessee to provide records for an audit, even if those records pertain to a period outside the general statute of limitations for collecting royalties.
• Lewis v. Art Beeler
  949 F.2d 325· 10th Cir.· 1991-11-13 ·cited 6×
  The court held that the Parole Commission could reopen a prisoner's case based on new information, consider evidence from a sentencing transcript even if the judge declined to consider it, and make its own findings regarding uncharged conduct, even if the sentencing judge made a
• Clow v. U.S. Dep't OF Hous. & Urban Dev.
  948 F.2d 614· 9th Cir.· 1991-11-05 ·cited 6×
  The court affirmed the district court's judgment for HUD, finding that HUD's denial of the Clows' mortgage assistance application was not arbitrary, capricious, or a clear error of judgment.
• Monongahela Valley Hosp., Inc. v. Louis W. Sullivan, M.D.
  945 F.2d 576· 3d Cir.· 1991-09-20 ·cited 6×
  The court held that it has appellate jurisdiction over the district court's order, which is considered a final decision, and reversed the district court's determination that the hospital was entitled to an exception from the interest offset rule for funded depreciation.
• Naa Dei Nikoi v. Attorney General of the United States
  939 F.2d 1065· D.C. Cir.· 1991-08-06 ·cited 6×
  The court held that the Immigration and Naturalization Service (INS) did not act arbitrarily or capriciously in denying the appellants' applications for permanent resident status, as their prolonged absence from the United States as minors imputed abandonment of residence from th
• Dep't OF Labor v. Occupational Safety & Health Review Comm'n
  938 F.2d 1116· 10th Cir.· 1991-07-11 ·cited 6×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the petitioner failed to meet its burden of proving Goltra had actual or constructive knowledge of a reasonable probability of injury that could be prevented by face shields.
• DOE v. Fed. Bureau OF Investigation
  936 F.2d 1346· D.C. Cir.· 1991-06-28 ·cited 6×
  The FBI may exempt its Letterhead Memorandum (LHM) from the Privacy Act's amendment requirements under subsections (j) and (k) because the LHM is exemptible as a matter of law and the FBI acted reasonably in exempting it.
• Oldenburger v. Cent. States Se. & Sw. Areas Teamster Pension Fund
  934 F.2d 171· 8th Cir.· 1991-05-30 ·cited 6×
  The court held that the pension fund Trustees' denial of Oldenburger's pension request was not arbitrary or capricious, as they had discretionary authority to construe the plan and based their decision on substantial evidence.
• Info. Providers' Coal. FOR Def. OF THE First Amendment v. Fed. Commc'ns Comm'n & the United States
  928 F.2d 866· 9th Cir.· 1991-03-21 ·cited 6×
  The court held that the FCC's definition of 'indecent' is not unconstitutionally vague and that reverse blocking is a constitutionally permissible method for restricting minors' access to dial-a-porn services.
• Hymel v. Fed. Deposit Ins. Corp.
  925 F.2d 881· 5th Cir.· 1991-03-12 ·cited 6×
  The court held that the FSLIC's deposit insurance determinations are subject to review under the Administrative Procedure Act's arbitrary and capricious standard, not de novo review, and affirmed the agency's interpretation of its regulations.
• Lockhart v. Darral Kenops
  927 F.2d 1028· 8th Cir.· 1991-03-07 ·cited 6×
  The court held that the Forest Service's decision to proceed with the land exchange without preparing an Environmental Impact Statement (EIS) was not arbitrary and capricious and did not violate NEPA, AIRFA, or the First Amendment.
• United States v. Hatcher
  922 F.2d 1402· 9th Cir.· 1991-01-08 ·cited 6×
  The court held that the National Health Service Corps' actions in processing a scholarship recipient's placement were not arbitrary or capricious, and that the recipient's claim of equitable estoppel against the government failed.
• United States v. ONE 1985 Mercedes
  917 F.2d 415· 9th Cir.· 1990-10-25 ·cited 6×
  The court held that the district court did not err in denying discovery concerning the government's civil forfeiture policies, and therefore affirmed the grant of summary judgment.
• Charter Fed. Sav. & Loan Ass'n v. Off. OF Thrift Supervision
  912 F.2d 1569· 11th Cir.· 1990-10-02 ·cited 6×
  The court affirmed the Federal Home Loan Bank Board's denial of Charter Federal Savings and Loan Association's voluntary conversion application, finding the denial was not arbitrary or capricious.
• Int'l Bhd. OF Elec. Workers v. Skinner
  913 F.2d 1454· 9th Cir.· 1990-09-12 ·cited 6×
  The court held that the Research and Special Programs Administration's drug testing rule for pipeline operations was not arbitrary, capricious, or unconstitutional.
• Planned Parenthood Fed'n OF Am. v. Louis Sullivan, M.D.
  913 F.2d 1492· 10th Cir.· 1990-09-06 ·cited 6×
  The court held that the 1988 amendments to HHS regulations facially violate a pregnant woman's Fifth Amendment right to choose abortion and her physician's First Amendment right to speak about abortion.
• Hickory Neighborhood Def. League v. Skinner
  910 F.2d 159· 4th Cir.· 1990-08-08 ·cited 6×
  The court held that the Secretary of Transportation complied with Section 4(f) by making a determination that alternatives to using historic land were not prudent, and the relevant factors supported this decision.
• United Transp. Union v. United States
  905 F.2d 463· D.C. Cir.· 1990-06-15 ·cited 6×
  The court held that the Interstate Commerce Commission (ICC) did not err in approving a railroad line sale and upholding an arbitrator's decision that employees moving to the acquiring railroad were subject to the acquiring railroad's collective bargaining agreement, not their fo
• PPG Indus. Pension Plan A (CIO) v. Elvin J. Crews
  902 F.2d 1148· 4th Cir.· 1990-05-09 ·cited 6×
  ERISA preempts state laws that relate to employee benefit plans, and the pension plan at issue authorized the company to offset pension benefits previously paid from retroactive workers' compensation awards.
• Nat'l Kidney Patients Ass'n v. Louis W. Sullivan, M.D.
  902 F.2d 51· D.C. Cir.· 1990-04-24 ·cited 6×
  The appeal of a preliminary injunction is moot because subsequent legislation enacted by Congress achieved the same outcome as the injunction, rendering the appellate issue non-justiciable.
• Cosgrove v. Bowen
  898 F.2d 332· 2d Cir.· 1990-03-14 ·cited 6×
  The court held that the Secretary's continued application of 42 C.F.R. § 405.551(e) in conjunction with the Deficit Reduction Act, resulting in significantly lower Medicare reimbursements for physicians who converted to direct billing, was arbitrary, capricious, and an abuse of d
• Sw. Bell Corp. v. Fed. Commc'ns Comm'n & United States
  896 F.2d 1378· D.C. Cir.· 1990-03-02 ·cited 6×
  The FCC's accounting rules for asset transfers between regulated telephone companies and their nonregulated affiliates are a reasonable measure to prevent cost shifting and are consistent with prior precedent.
• Delaney v. Env't Prot. Agency
  898 F.2d 687· 9th Cir.· 1990-03-01 ·cited 6×
  The court held that the EPA's approval of Arizona's Clean Air Act implementation plans for Maricopa and Pima counties was arbitrary and capricious because the plans did not provide for attainment of air quality standards as expeditiously as practicable and lacked sufficient contr
• Dep't of Health & Human Servs. v. Fed. Labor Relations Auth.
  885 F.2d 911· D.C. Cir.· 1989-09-15 ·cited 6×
  The Federal Labor Relations Authority (FLRA) did not act arbitrarily or capriciously in finding that the Indian Health Service (IHS) committed an unfair labor practice by refusing to bargain over union proposals concerning smoking areas, as these proposals did not improperly inte
• Hazardous Waste Treatment Council v. U.S. Env't Prot. Agency
  886 F.2d 355· D.C. Cir.· 1989-09-15 ·cited 6×
  The court held that the majority's Chevron Step II analysis, which supplied its own rationale for the agency's interpretation, was improper because the agency failed to provide a sufficient explanation for its chosen treatment standards.
• Boston Edison Co. v. Fed. Energy Regulatory Comm'n
  885 F.2d 962· 1st Cir.· 1989-09-14 ·cited 6×
  The court affirmed the Federal Energy Regulatory Commission's orders setting electricity rates, finding that FERC acted within its legal power and discretion in determining the rate of return and cost recovery.
• Bullion v. Fed. Deposit Ins. Corp.
  881 F.2d 1368· 5th Cir.· 1989-09-05 ·cited 6×
  The court held that the FDIC Board correctly found violations of Regulation O's overline and risk of repayment provisions, but reversed and remanded the penalty assessment for Dr. Dazzio.
• Frederic D. Sylvester v. U.S. Army Corps OF Eng'rs
  882 F.2d 407· 9th Cir.· 1989-08-11 ·cited 6×
  The court held that the Corps' evaluation of practicable alternatives and public interest under the CWA and NEPA was not arbitrary or capricious, and thus denied the motion for a preliminary injunction.
• British Motor CAR Distribs., Ltd. v. SAN Francisco Auto. Indus. Welf. Fund
  882 F.2d 371· 9th Cir.· 1989-08-09 ·cited 6×
  The court held that actuarial projections by plan fiduciaries do not constitute a 'mistake of fact' under ERISA section 403(c)(2)(A)(ii), and a transfer of trust funds to successor trusts does not violate LMRA section 302.
• Acadian GAS Pipeline Sys. v. Fed. Energy Regulatory Comm'n
  878 F.2d 865· 5th Cir.· 1989-08-03 ·cited 6×
  The court held that the Commission's interpretation requiring separate rate approval petitions for each new service, despite a previously approved systemwide rate, was arbitrary and capricious because it deviated from past practice without adequate justification.
• Wash. State Health Facilities v. State OF Wash.
  879 F.2d 677· 9th Cir.· 1989-07-14 ·cited 6×
  The court held that the Department of Health and Human Services' (HHS) determination of the effective date of the amended Washington State Medicaid Plan was not arbitrary, capricious, or contrary to law, and thus the district court erred in setting a later effective date.
• Dep't of Agric. v. Fed. Labor Relations Auth.
  879 F.2d 655· 9th Cir.· 1989-07-11 ·cited 6×
  An agency that agrees to binding interest arbitration, even after the Impasses Panel recommends it, forfeits its right to agency head review of the arbitration award under 5 U.S.C. § 7114(c).
• Commonwealth OF Mass. v. United States Nuclear Regulatory Comm'n & United States
  878 F.2d 1516· 1st Cir.· 1989-06-29 ·cited 6×
  The court held that the NRC's decision to allow Pilgrim Nuclear Power Station to restart, its denial of the Commonwealth's petition, and its grant of an exemption from emergency drills were final orders subject to judicial review, but that the Commonwealth was not entitled to a h
• Davis Enters. v. United States Env't Prot. Agency & Bruce Diamond
  877 F.2d 1181· 3d Cir.· 1989-06-27 ·cited 6×
  The EPA's refusal to allow its employee to testify was arbitrary and capricious, violating the fundamental principle that the public has a right to every man's evidence.
• Fla. GAS Transmission Co. v. Fed. Energy Regulatory Comm'n
  876 F.2d 42· 5th Cir.· 1989-06-27 ·cited 6×
  The majority erred in finding FERC's imposition of a one-year condition on certificates of public convenience and necessity to be arbitrary and capricious.
• John F. Robinson For the Francis E. Heydt Co. v. Cheney
  876 F.2d 152· D.C. Cir.· 1989-05-23 ·cited 6×
  The court held that the DLA's debarment of FHC was not arbitrary, capricious, or an abuse of discretion, and the regulation was not unconstitutionally vague.
• Platte River Whooping Crane Critical Habitat Maint. Tr. v. Fed. Energy Regulatory Comm'n
  876 F.2d 109· D.C. Cir.· 1989-05-19 ·cited 6×
  The court held that FERC abused its discretion by refusing to assess the need for wildlife protective conditions in the interim annual licenses.
• Lake Hefner Open Space Alliance v. Dole
  871 F.2d 943· 10th Cir.· 1989-03-28 ·cited 6×
  The court held that the district court did not err in granting summary judgment for the defendants, as the agency substantially complied with relevant statutes and regulations, and the plaintiff failed to demonstrate a genuine issue of material fact.
• Hernandez-Luis v. Immigr. & Naturalization Serv.
  869 F.2d 496· 9th Cir.· 1989-03-06 ·cited 6×
  The court affirmed the Board of Immigration Appeals' denial of suspension of deportation and voluntary departure, finding the petitioner did not meet the continuous presence requirement and the BIA did not abuse its discretion in denying voluntary departure.
• Miranda v. Nat'l Transp. Safety Bd. & T. Allen McArtor
  866 F.2d 805· 5th Cir.· 1989-03-02 ·cited 6×
  The court held that the NTSB's decisions affirming the FAA's rulings were not arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence, and therefore denied the petitions for review.
• Celestine Pierre v. Conn. Gen. Life Ins. Company/Life Ins. Co. of N. Am.
  866 F.2d 141· 5th Cir.· 1989-02-23 ·cited 6×
  The court held that the denial of insurance benefits was not arbitrary and capricious, as it was based on substantial evidence, and affirmed the lower court's decision.
• Madsen v. Dep't OF Agric.
  866 F.2d 1035· 8th Cir.· 1989-01-30 ·cited 6×
  The court held that while the plaintiff's claims were subject to judicial review under the APA, his failure to exhaust available administrative remedies precluded such review.