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

• Yahia Ahmad Joudeh v. United States
  783 F.2d 176· 10th Cir.· 1986-02-06 ·cited 4×
  The court held that an absentee store owner can be disqualified from the Food Stamp Program based on his manager's violations, even if the owner was not personally involved, due to negligent supervision and a controlling regulation attributing management's actions to the store.
• Kennecott v. United States Env't Prot. Agency
  780 F.2d 445· 4th Cir.· 1985-12-26 ·cited 4×
  The court held that the EPA properly discharged its duty in setting effluent limitations for the non-ferrous metals industry, finding the agency's technical judgments supported by the record and its procedures compliant with the APA.
• Poindexter v. United States & John O. Marsh, Jr.
  777 F.2d 231· 5th Cir.· 1985-11-26 ·cited 4×
  The court held that the Military Claims Act's finality provision precludes judicial review of administrative claim denials absent a colorable constitutional claim, and that the appellants failed to plead such a claim.
• Cent. & S. Motor Freight Tariff Ass'n, Inc. v. United States & Interstate Commerce Comm'n
  777 F.2d 722· D.C. Cir.· 1985-11-22 ·cited 4×
  The court held that the ICC may lawfully charge motor carriers the Commission's full costs for processing rate association agreements and amendments, as these services confer a special, private benefit of antitrust immunity. The court also upheld most of the ICC's cost computatio
• Sears Sav. Bank v. Fed. Sav. & Loan Ins. Corp. & Fed. Home Loan Bank Bd.
  775 F.2d 1028· 9th Cir.· 1985-10-31 ·cited 4×
  The court held that the Board failed to provide an adequate basis and explanation for imposing conditions on an affiliate transaction, requiring a remand for clarification.
• State OF Cal. v. United States Env't Prot. Agency
  774 F.2d 1437· 9th Cir.· 1985-10-28 ·cited 4×
  The court held that the EPA's approval of both Nevada's and California's state implementation plans for the Lake Tahoe Basin was not arbitrary or capricious and must be upheld.
• Augustine Ponce v. Constr. Laborers Pension Tr. FOR S. Cal.
  774 F.2d 1401· 9th Cir.· 1985-10-25 ·cited 4×
  The court held that the district court did not err in finding that the pension plan's 15-year vesting requirement violated Section 302(c)(5) of the Labor Management Relations Act due to an excessively high exclusion rate, and that the trustees failed to justify the requirement's
• In re Elam v. Baldridge
  771 F.2d 174· 6th Cir.· 1985-08-30 ·cited 4×
  The court held that the Economic Development Administration (EDA) failed to properly consider the requirement that a funded project must fulfill a pressing need and failed to adequately assess existing capacity under Section 702 of the Public Works and Economic Development Act of
• Massman Constr. Co. v. Tenn. Valley Auth.
  769 F.2d 1114· 6th Cir.· 1985-08-13 ·cited 4×
• Cent. Hardware Co. v. Central States
  770 F.2d 106· 8th Cir.· 1985-08-08 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  A multi-employer pension fund has the authority under its governing documents to reject employer payments that threaten its actuarial soundness, and such a decision, made in good faith, is binding.
• C.O.D.E., Inc. v. Interstate Commerce Comm'n & United States
  768 F.2d 1210· 10th Cir.· 1985-07-29 ·cited 4×
  The court held that the appeal was timely filed and that the Interstate Commerce Commission's decision granting SRTC operating authority was supported by substantial evidence and not arbitrary or capricious.
• Motor Vehicle Mfrs. Ass'n OF the United States, Inc. v. Env't Prot. Agency
  768 F.2d 385· D.C. Cir.· 1985-07-26 ·cited 4×
  The court held that the EPA's decision to grant a waiver for Petrocoal was arbitrary and capricious because the agency lacked a rational basis for concluding the fuel would not cause or contribute to emission control failures over a vehicle's useful life, and the record did not s
• Ala. Pub. Serv. Comm'n v. Interstate Commerce Comm'n & United States
  765 F.2d 1516· 11th Cir.· 1985-07-23 ·cited 4×
  The court affirmed the Interstate Commerce Commission's decision to approve railroad finance applications and abandonments, finding the decision was supported by substantial evidence and not an abuse of discretion.
• Idaho Power Co. v. Fed. Energy Regulatory Comm'n
  766 F.2d 1348· 9th Cir.· 1985-07-23 ·cited 4×
  FERC is not required to determine a need for a proposed project when granting an exemption under section 213 of the Public Utilities Regulatory Policies Act of 1978.
• Geigle v. Flacke
  768 F.2d 259· 8th Cir.· 1985-07-17 ·cited 4×
  The court held that a dispute over increasing pension benefit levels is a matter of 'administration' and is arbitrable under the Trust Agreement, reversing the lower court's decision.
• Nat'l Ass'n for the Advancement of Colored People v. Honorable Raymond J. Donovan
  765 F.2d 1178· D.C. Cir.· 1985-07-09 ·cited 4×
  The court held that the Department of Labor's amended regulation concerning minimum piece rates for foreign agricultural workers was invalid because the agency failed to provide a reasoned explanation for the change, particularly regarding how the new regulation allowed increased
• Friedman v. Heckler
  765 F.2d 383· 2d Cir.· 1985-06-24 ·cited 4×
  The court held that the Provider Reimbursement Review Board's disallowance of lease costs was supported by substantial evidence and that the "grossing up" method for physical therapy costs was reasonable.
• State OF Ohio v. United States Dep't of Health & Human Servs.
  761 F.2d 1187· 6th Cir.· 1985-05-17 ·cited 4×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Secretary's disapproval of Ohio's Medicaid plan amendment was not supported by substantial evidence and vacated the decision, remanding for further proceedings to allow Ohio to demonstrate that its proposed services fall within the definition of 'medical a
• Braxton H. Anderson v. Ciba-Geigy Corp.
  759 F.2d 1518· 11th Cir.· 1985-05-08 ·cited 4×
  The court held that the denial of severance pay to employees transferred to a purchasing corporation was not arbitrary and capricious under ERISA, even if the employees lost seniority and vacation benefits.
• Francis J. Everhart, M.D. v. Jefferson Parish Hosp. Dist. NO. 2 & E. Jefferson Hosp. Bd.
  757 F.2d 1567· 5th Cir.· 1985-04-22 ·cited 4×
  The court held that the hospital's denial of medical staff membership did not violate the applicant's constitutional rights to procedural or substantive due process.
• Honorable James A. Dressman v. Costle
  759 F.2d 548· 6th Cir.· 1985-04-17 ·cited 4×
  The court held that the EPA's disapproval of Kentucky's State Implementation Plan and imposition of a construction moratorium were lawful and within the Administrator's authority, and that the issues raised by petitioners were either not properly before the court due to missed fi
• Action FOR Children's Television v. Fed. Commc'ns Comm'n & United States
  756 F.2d 899· D.C. Cir.· 1985-03-19 ·cited 4×
  The court held that the FCC's decision regarding television broadcast licensees' obligations to child audiences was within its discretion and adequately explained. The FCC's consideration of programming from all video sources and its reaffirmation of licensee duties were proper.
• Am. Trucking Ass'n, Inc. v. United States & Interstate Commerce Comm'n
  755 F.2d 1292· 7th Cir.· 1985-02-27 ·cited 4×
• Norman v. United Mine Workers OF Am. Health & Ret. Funds
  755 F.2d 509· 6th Cir.· 1985-02-26 ·cited 4×
  Federal courts cannot review substantive provisions of a pension plan for reasonableness, but can review the administration of the fund for arbitrary or capricious actions.
• Friends OF the Shawangunks, Inc. v. Clark
  754 F.2d 446· 2d Cir.· 1985-01-25 ·cited 4×
  An amendment to a conservation easement acquired with federal funds, allowing expansion of a golf course, constitutes a conversion to 'other than public outdoor recreation uses' requiring the Secretary of the Interior's approval, even if the expanded facility is public.
• Port Norris Express Co., Inc. v. Interstate Commerce Comm'n & United States
  751 F.2d 1280· D.C. Cir.· 1985-01-18 ·cited 4×
  The court held that the Interstate Commerce Commission (ICC) cannot infer fitness and willingness to transport bulk commodities based solely on an applicant's general authority and statements of intent.
• Glazer Steel Corp. v. Interstate Commerce Comm'n & the United States
  748 F.2d 1006· 5th Cir.· 1984-12-17 ·cited 4×
  The court held that the ICC's decision to grant abandonment was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• FTC Commc'ns, Inc. v. Fed. Commc'ns Comm'n & United States
  750 F.2d 226· 2d Cir.· 1984-12-17 ·cited 4×
  The court held that the FCC acted within its statutory authority in setting interim rates and that the IRCs were barred from raising certain arguments not previously presented to the FCC.
• Am. Fed'n OF Home Health Agencies, Inc. v. Heckler
  754 F.2d 896· 11th Cir.· 1984-11-06 ·cited 4×
  Challenges to the Secretary's modification of Medicare reimbursement procedures are barred by section 405(h) of the Medicare Act, precluding district court jurisdiction until administrative remedies are exhausted.
• Nat'l Fed'n OF Fed. Emps. v. Fed. Labor Relations Auth.
  745 F.2d 705· D.C. Cir.· 1984-10-12 ·cited 4×
  The court held that the Federal Labor Relations Authority's determination that a congressional conference report constituted 'outside authority' mandating nonnegotiability was not arbitrary or capricious, thus affirming the decision.
• City of N.Y. Mun. Broad. Sys. (wnyc) v. Fed. Commc'ns Comm'n
  744 F.2d 827· D.C. Cir.· 1984-09-21 ·cited 4×
  The court held that the FCC rationally weighed competing policies and its decision to halt WNYC's nighttime interference with WCCO was not arbitrary or capricious.
• Auville v. Interstate Commerce Comm'n
  747 F.2d 179· 4th Cir.· 1984-09-17 ·cited 4×
  The court held that the Interstate Commerce Commission (ICC) had the authority to reconsider its prior order and that its final decision authorizing bus service discontinuation was supported by substantial evidence and not arbitrary or capricious.
• State of Mich. v. Sec'y OF Health & Human Servs.
  744 F.2d 32· 6th Cir.· 1984-09-14 ·cited 4×
  The court held that it lacked jurisdiction to directly review the state's petition, but the district court had jurisdiction to review the disallowance, and affirmed the district court's decision upholding the agency's interpretation of its regulation.
• Am. Postal Workers Union Columbus Area Local AFL-CIO v. United States Postal Serv.
  736 F.2d 317· 6th Cir.· 1984-06-18 ·cited 4×
  Res judicata did not apply because there was insufficient evidence of privity between the two union locals, and the timing of the decisions was incorrect. However, the union's claims under 39 U.S.C. § 1005(f) and the Due Process Clause were ultimately without merit.
• Quinonez-Lopez v. Coco Lagoon Dev. Corp.
  733 F.2d 1· 1st Cir.· 1984-04-26 ·cited 4×
  The court held that the Corps of Engineers' decision to grant a permit for wetland filling, based on an Environmental Assessment finding no significant adverse environmental impact, was not arbitrary or capricious.
• Glenn M.W. Scott v. Food & Drug Admin.
  728 F.2d 322· 6th Cir.· 1984-02-23 ·cited 4×
  The FDA's permanent listing of D & C Green No. 5 is affirmed because the Delaney Clause does not prohibit additives with carcinogenic impurities at negligible risk levels, and the FDA acted within its discretion under the General Safety Clause.
• Phelps Dodge Corp. v. Occupational Safety & Health Review Comm'n
  725 F.2d 1237· 9th Cir.· 1984-02-14 ·cited 4×
  The court held that the inorganic arsenic standard requires employers to compensate employees for time and associated costs for medical examinations scheduled outside working hours, and that the violation was serious.
• Brandon v. Pierce
  725 F.2d 555· 10th Cir.· 1984-01-12 ·cited 4×
  The court held that HUD's regulations allowing grant applicants to assume environmental review responsibilities under NEPA were valid, and that the City of Stilwell substantially complied with procedural requirements for approving a UDAG grant.
• Connor v. United States Civil Serv. Comm'n
  721 F.2d 1054· 6th Cir.· 1983-11-28 ·cited 4×
  The court concurred that while the oral reply hearing might have been perfunctory, the employee's own conduct foreclosed any firm conclusion to that effect, thus justifying the agency's action.
• Brown & Williamson Tobacco Corp. v. Fed. Trade Comm'n
  717 F.2d 963· 6th Cir.· 1983-09-19 ·cited 4×
  The court denied the petition for rehearing en banc, finding the appellant's counsel had shifted their arguments regarding the scope of appellate review.
• Steger v. Def. Investigative Serv. Dep't of Def.
  717 F.2d 1402· D.C. Cir.· 1983-09-13 ·cited 4×
  The court held that the MSPB's denial of attorney fees was arbitrary and capricious because it failed to consider the agency's duty to investigate exonerating facts presented by the employee.
• Humko Prods. Div. OF Kraft, Inc. v. Interstate Commerce Comm'n & United States
  715 F.2d 360· 7th Cir.· 1983-08-24 ·cited 4×
  The court held that it has jurisdiction to review the ICC order because it denied more than just reparations, and affirmed the ICC's decision that the tariff restriction precluded Humko from using a combination rate.
• People OF the State OF Ill. v. Interstate Commerce Comm'n & United States
  713 F.2d 305· 7th Cir.· 1983-07-25 ·cited 4×
  The court held that the ICC's denial of the petition to reopen the merger proceeding was not arbitrary or capricious, and therefore the petition for review is denied.
• Fleshman v. Heckler
  709 F.2d 999· 5th Cir.· 1983-07-22 ·cited 4×
  The court held that the Secretary of Health and Human Services may exclusively rely on regulations to determine when it is inequitable to deem parental income to a child for SSI benefits, and a case-by-case adjudication is not required.
• State OF Cal. v. Watt
  712 F.2d 584· D.C. Cir.· 1983-07-05 ·cited 4×
  The court held that the Secretary of the Interior's five-year offshore oil and gas leasing program, as revised, now conforms with the Outer Continental Shelf Lands Act's requirements, rectifying earlier errors.
• Wesley v. Monsanto Co.
  710 F.2d 490· 8th Cir.· 1983-06-30 ·cited 4×
  The court affirmed the district court's judgment, holding that its findings of fact were not clearly erroneous and that the employer acted reasonably in terminating disability benefits.
• Williams v. Barry
  708 F.2d 789· D.C. Cir.· 1983-06-03 ·cited 4×
  The court held that notice and an opportunity to submit written comments constitute sufficient due process before closing homeless shelters, but vacated the lower court's ruling on judicial reviewability as unripe.
• The Benton Franklin Riverfront Trailway & Bridge Comm. v. Drew Lewis
  701 F.2d 784· 9th Cir.· 1983-03-15 ·cited 4×
  The court held that the Secretary of Transportation acted arbitrarily in his Section 4(f) determination by failing to consider all feasible and prudent alternatives, specifically the potential for federal funding for the bridge's preservation or rehabilitation.
• Am. Horse Prot. Ass'n, Inc. v. Watt
  694 F.2d 1310· D.C. Cir.· 1982-12-10 ·cited 4×
  The court held that the Public Rangelands Improvement Act of 1978, as amended, allows the Bureau of Land Management to act on available information and supersedes the grounds for the injunction, thus permitting independent review of the District Court's interpretation.
• Lawrence v. United States
  693 F.2d 274· 2d Cir.· 1982-11-19 ·cited 4×
  The court held that the one-year disqualification for selling ineligible items was authorized under the Secretary's regulations, reversing the district court's reduction of the penalty.