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

• Nat'l Wildlife Fed'n v. Lujan
  928 F.2d 453· D.C. Cir.· 1991-03-22 ·cited 4×
  The Secretary need not require operators to compensate for all subsidence damage to structures, as § 520(f) provides a remedy for permit violations.
• Salt Lake City v. Western Area Power Administration
  926 F.2d 974· 10th Cir.· 1991-02-22 ·cited 4×
  The court held that the agency's requirement of utility responsibility for municipalities to receive preference under the statute contradicts Congress's clear intent.
• Cnty. OF Esmeralda v. U.S. Dep't OF Energy
  925 F.2d 1216· 9th Cir.· 1991-02-20 ·cited 4×
  The court held that the Secretary's denial of affected unit status to contiguous counties was arbitrary and capricious, as it failed to adequately consider potential environmental and transportation impacts.
• United States v. Bannister
  924 F.2d 21· 1st Cir.· 1991-01-25 ·cited 4×
  The court held that a defendant's due process rights are not violated when a district court denies a downward departure request under Sentencing Guidelines § 5K1.1 if the government, after fair consideration, declines to file a motion for substantial assistance.
• Commonwealth OF Mass. v. United States Nuclear Regulatory Comm'n & United States
  924 F.2d 311· D.C. Cir.· 1991-01-25 ·cited 4×
  The court affirmed the denial of petitions for review of the full power license and most low power issues, but remanded one low power issue for further explanation.
• Henkin v. Northrop Corp.
  921 F.2d 864· 9th Cir.· 1990-12-10 ·cited 4×
  The court held that California Insurance Code § 10209 does not apply to accidental death policies and that the Provident policy's termination language did not extend coverage to the deceased employee at the time of his death.
• Brotherhood OF Railway Carmen (Division OF TCU) v. Interstate Commerce Comm'n & United States
  917 F.2d 1136· 8th Cir.· 1990-10-31 ·cited 4×
  The court held that the Interstate Commerce Commission's orders were supported by substantial evidence and reasonable statutory interpretation, warranting deference.
• Graphic Commc'ns Union, Dist. Council NO. 2, AFL-CIO v. Gciu-Employer Retirement Benefit Plan
  917 F.2d 1184· 9th Cir.· 1990-10-26 ·cited 4×
  An arbitration provision in an employee benefit plan is enforceable if the underlying dispute arises under the plan itself, not under ERISA, and the provision does not violate ERISA's procedural requirements.
• Weil v. Ret. Plan Admin. Comm. OF THE Terson Co., Inc.
  913 F.2d 1045· 2d Cir.· 1990-09-13 ·cited 4×
  The court held that only the percentage of terminated non-vested participants should be considered when determining if a pension plan has been partially terminated, and that 16.4% is not a significant enough percentage to constitute partial termination.
• HER Majesty THE Queen IN Right OF Ontario v. United States Env't Prot. Agency
  912 F.2d 1525· D.C. Cir.· 1990-08-31 ·cited 4×
  The court held that the EPA's interpretation of Section 115 of the Clean Air Act as a unitary proceeding requiring source identification before making endangerment findings is permissible, and that the Clay letters did not constitute final agency action denying the rulemaking pet
• Off. OF Commc'n OF The United Church OF Christ & Action for Child's. Television v. Fed. Commc'ns Comm'n & the United States
  911 F.2d 813· D.C. Cir.· 1990-08-28 ·cited 4×
  The court held that the FCC acted within its discretion by denying a petition to reinstate an anti-trafficking policy for broadcast licenses, as the agency reasonably concluded that petitioners failed to provide sufficient evidence of changed circumstances to warrant a new rulema
• Buongiorno v. Sullivan
  912 F.2d 504· D.C. Cir.· 1990-08-24 ·cited 4×
  The court held that the Secretary's regulation for waiving scholarship obligations is not facially invalid because it is a reasonable interpretation of the statute and not contrary to congressional intent. The court reversed the district court's decision and remanded for further
• Hecla Mining Co. v. United States
  909 F.2d 1371· 10th Cir.· 1990-07-31 ·cited 4×
  The court held that the Department of Energy's refusal to designate the Durita property as a processing site under UMTRCA was permissible, even though one interpretation of the statute was unreasonable, because other statutory provisions and legislative history supported the agen
• Williams v. City OF Columbia
  906 F.2d 994· 4th Cir.· 1990-06-29 ·cited 4×
  A city zoning ordinance requiring a special exception for radio antennas exceeding seventeen feet is not preempted by federal law and does not violate constitutional rights when reasonably accommodating amateur radio communications.
• Garnett v. Sullivan
  905 F.2d 778· 4th Cir.· 1990-06-12 ·cited 4×
  The court held that the Secretary's findings of substantial gainful activity (SGA) and the claimant's fault in causing an overpayment were supported by substantial evidence, but remanded for reconsideration of medical expense deductions.
• People OF the State OF Cal. v. Fed. Commc'ns Comm'n
  905 F.2d 1217· 9th Cir.· 1990-06-06 ·cited 4×
  The court held that the FCC's decision to lift structural separation requirements for BOCs was not arbitrary and capricious, as the FCC provided a reasoned explanation for its change in policy based on evolving market conditions and the costs of separation.
• Colo. Interstate GAS Co. v. Fed. Energy Regulatory Comm'n
  904 F.2d 1456· 10th Cir.· 1990-05-31 ·cited 4×
  The court affirmed FERC's orders eliminating the fixed-cost minimum commodity bill and rejecting CIG's proposed transportation rate, finding FERC's decisions supported by substantial evidence and not arbitrary or capricious.
• Phillips Petroleum Co. & Phillips 66 Natural Gas Co. v. Fed. Energy Regulatory Comm'n
  902 F.2d 795· 10th Cir.· 1990-04-30 ·cited 4×
  The court held that the Federal Energy Regulatory Commission's orders on remand were within its authority and the prior mandate, with two modifications regarding the substantive effect of presumptions and the application of interest requirements.
• Waterman S.S. Corp. v. Mar. Subsidy Bd.
  901 F.2d 1119· D.C. Cir.· 1990-04-20 ·cited 4×
  A remand to an agency for further proceedings does not automatically render a party "prevailing" for the purposes of the Equal Access to Justice Act (EAJA).
• Hyundai Elecs. Indus. Co., Ltd. v. United States Int'l Trade Comm'n
  899 F.2d 1204· Fed. Cir.· 1990-04-04 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court affirmed the International Trade Commission's exclusion order, holding that the certification provision for downstream products was a reasonable remedy within the Commission's discretion.
• Adams House Health Care v. Louis W. Sullivan, M.D.
  895 F.2d 767· D.C. Cir.· 1990-02-06 ·cited 4×
  The court held that the Secretary of Health and Human Services permissibly applied both the interest offset rule and the equity capital exclusion rule simultaneously to the providers' investments, as this application was neither arbitrary nor capricious and was within the Secreta
• Hickory Neighborhood Def. League v. Skinner
  893 F.2d 58· 4th Cir.· 1990-01-02 ·cited 4×
  The court held that the district court erred in not specifically determining whether the Secretary found alternatives to be imprudent under the Overton Park standard and whether the facts supported that finding, requiring remand. The court affirmed the district court's decision r
• United Video, Inc. v. Fed. Commc'ns Comm'n & United States
  890 F.2d 1173· D.C. Cir.· 1989-11-17 ·cited 4×
  The FCC's reinstatement of syndicated exclusivity (syndex) rules is permissible, as it is a rational exercise of its authority to promote programming diversity and is not inconsistent with the Copyright Act or Cable Act.
• Nat'l Small Shipments Traffic Conf., Inc. v. United States & Interstate Commerce Comm'n
  887 F.2d 443· 3d Cir.· 1989-10-10 ·cited 4×
  Tariffs containing "inadvertence clauses," which automatically insure shipments at the lowest released value rate if the shipper fails to declare a value, are not per se illegal under the Interstate Commerce Act.
• United States v. Alpine Land & Reservoir Co.
  887 F.2d 207· 9th Cir.· 1989-10-04 ·cited 4×
  The Department of Interior has rulemaking authority to establish initial classifications of project lands as bench or bottom, subject to state law beneficial use standards, and the Tribe has standing to participate in future land classification disputes.
• Century Steel Erectors, Inc. v. Dole
  888 F.2d 1399· D.C. Cir.· 1989-10-03 ·cited 4×
  The court held that when an employer is cited for failing to provide a fall protection safeguard other than safety nets under 29 C.F.R. § 1926.105(a), the Secretary of Labor must prove the practicality of the device's use, and this includes considering the employer's evidence of
• RED TOP Mercury Mines, Inc. v. United States
  887 F.2d 198· 9th Cir.· 1989-10-03 ·cited 4×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court affirmed the agency's decision that mining claims were abandoned due to failure to file required notices, upholding the agency's reasonable interpretation of statutory filing requirements.
• Emerson Sutton v. United States Dep't OF Hous. & Urban Dev.
  885 F.2d 471· 8th Cir.· 1989-09-19 ·cited 4×
  The court held that the appraiser had no constitutionally protected property or liberty interest in continued membership on the HUD fee appraiser panel, and HUD's decision not to recertify him was not arbitrary or capricious.
• The City OF Seattle v. Fed. Energy Regulatory Comm'n
  883 F.2d 1084· D.C. Cir.· 1989-09-01 ·cited 4×
  The court held that while the Federal Energy Regulatory Commission (FERC) had the authority to prospectively adjust annual charges for the use of federal lands under the Federal Power Act, it could not retroactively increase those charges without explicit statutory authority or n
• Indep. U.S. Tanker Owners Comm. v. Skinner
  884 F.2d 587· D.C. Cir.· 1989-08-22 ·cited 4×
  The court held that the appropriations rider applies prospectively and does not invalidate the rule because the rule is self-implementing, and that procedural challenges were without merit.
• Kola, Inc. v. United States
  882 F.2d 361· 9th Cir.· 1989-08-08 ·cited 4×
• Greene v. Town OF Blooming Grove
  879 F.2d 1061· 2d Cir.· 1989-07-17 ·cited 4×
  The court held that the R-80 zoning classification was rationally related to legitimate state interests and affirmed its dismissal, but reversed and remanded the nonconforming use claim due to disputed material facts regarding its scope.
• White v. Secretary of the Army
  878 F.2d 501· D.C. Cir.· 1989-07-07 ·cited 4×
  An undesirable discharge based on erroneous legal advice cannot be sustained by post-hoc justification of hypothetical proceedings or future misconduct.
• The Sweet Life v. Dole
  876 F.2d 402· 5th Cir.· 1989-06-28 ·cited 4×
  The court held that the employer failed to exhaust its administrative remedies by not appealing the Department of Labor's denial of temporary alien employment certifications to the Immigration and Naturalization Service.
• EP Operating Co. v. Fed. Energy Regulatory Comm'n
  876 F.2d 46· 5th Cir.· 1989-06-27 ·cited 4×
  The court held that the Green Canyon Line is an exempt gathering facility under section 1(b) of the Natural Gas Act, reversing the Commission's determination that it was a jurisdictional transportation facility.
• Patent Off. Prof'l Ass'n v. Fed. Labor Relations Auth.
  873 F.2d 1485· D.C. Cir.· 1989-05-05 ·cited 4×
  The court held that the Federal Labor Relations Authority's negotiability determinations regarding collective bargaining proposals concerning employee performance appraisal plans were reasonably defensible and not arbitrary or capricious.
• Fort Bragg Ass'n OF Educators v. Fed. Labor Relations Auth.
  870 F.2d 698· D.C. Cir.· 1989-03-21 ·cited 4×
  The court held that the union's proposal to eliminate personal service contracts (PSCs) is negotiable because it concerns a procedural aspect of hiring, not the substantive right to hire, and that the Army's use of PSCs violates a Federal Acquisition Regulation.
• Stinson v. Ironworkers Dist. Council OF S. Ohio & Vicinity Benefit Tr.
  869 F.2d 1014· 7th Cir.· 1989-02-21 ·cited 4×
  The court held that the withdrawal amendment to the trust agreement did not violate Section 302(c)(5) of the Labor Management Relations Act, as it was adopted to ensure the trust's financial stability and continued to benefit some of Local 22's members.
• Nat'l AIR Transp. Ass'n v. Honorable T. Allan McARTOR
  866 F.2d 483· D.C. Cir.· 1989-01-27 ·cited 4×
  The court held that the petition for review of the 1984 rule was time-barred because it was filed long after the 60-day limit expired, even though the initial notice was inadequate.
• Transcon. GAS Pipe Line Corp. v. Fed. Energy Regulatory Comm'n
  866 F.2d 477· D.C. Cir.· 1989-01-27 ·cited 4×
  The court held that Transco's petition for review of FERC's approval of a settlement's escrow provision was not ripe for judicial review because Transco failed to demonstrate irreparable injury absent immediate intervention.
• Del. Cnty. Mem'l Hosp. v. Otis R. Bowen, M.D.
  871 F.2d 10· 3d Cir.· 1989-01-25 ·cited 4×
  The court held that the Secretary's regulations defining 'distinct part rehabilitation unit' were consistent with the Medicare Act and that the hospital failed to meet the criteria for exemption from the prospective payment system.
• Blassingame v. Secretary OF THE Navy
  866 F.2d 556· 2d Cir.· 1989-01-24 ·cited 4×
  The court held that the Naval Discharge Review Board and Board for the Correction of Naval Records erred by failing to consider the Marine Corps's failure to investigate Blassingame's erroneous enlistment as required by its own regulations.
• Am. Nat'l Bank & Tr. Co. OF Chicago v. The City OF Chicago
  865 F.2d 144· 7th Cir.· 1989-01-09 ·cited 4×
  The Union's motion for intervention must fail because the City's representation is adequate, despite the Union having a direct interest that would be impaired.
• R Ranch Mkt. Corp. v. United States
  861 F.2d 236· 9th Cir.· 1988-11-10 ·cited 4×
  The government must show that predicate acts of food stamp trafficking were taken for the benefit of the employer to permanently disqualify a retail food store.
• The Town OF Huntington v. Marsh
  859 F.2d 1134· 2d Cir.· 1988-10-19 ·cited 4×
  The court held that the 1980 amendment to the Ocean Dumping Act applies to the designation of a new disposal site in Long Island Sound, and the Corps' Environmental Impact Statement was inadequate for failing to analyze the types, quantities, and cumulative effects of waste dispo
• Prineville Sawmill Co., Inc. v. The United States
  859 F.2d 905· Fed. Cir.· 1988-10-14 ·cited 4×
  The court held that the Forest Service abused its discretion by rejecting all bids due to minor estimate errors, as the rejection was arbitrary and capricious and lacked a reasonable basis. The Forest Service's power to reject bids is not unlimited and must comply with statutory
• MacDONALD v. PAN Am. World Airways, Inc.
  859 F.2d 742· 9th Cir.· 1988-10-14 ·cited 4×
  The court held that the Administrative Committee could substitute a single valuation date for quarterly dates, interpreting 'and' as 'or'.
• Washington v. The Off. OF THE Comptroller OF THE Currency
  856 F.2d 1507· 11th Cir.· 1988-10-07 ·cited 4×
  The court held that the trial court did not err in considering the administrative record on a motion to dismiss, and that the OCC's denial of a hearing was not arbitrary or capricious, nor did it violate the APA's notice requirements in a way that warranted reversal.
• Danny and Carene Gettler v. Lyng
  857 F.2d 1195· 8th Cir.· 1988-09-22 ·cited 4×
  The court held that the Secretary of Agriculture's regulations implementing the Special Disaster Payment Program were not arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.
• Venancio Medellin v. Bustos
  854 F.2d 795· 5th Cir.· 1988-09-15 ·cited 4×
  The court held that the Department of Labor's denial of a labor certification substitution based on a Technical Assistance Guide provision was contrary to law and regulation.