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

• State OF Ariz. v. Thomas
  829 F.2d 834· 9th Cir.· 1987-10-02 ·cited 2×
  The court held that Arizona's argument that EPA was required to treat it as if it had a fully approved plan was unsustainable, and upheld the EPA Administrator's decision to disapprove Arizona's Clean Air Act implementation plans.
• Int'l Union v. Mine Safety AND Health Administration
  830 F.2d 289· D.C. Cir.· 1987-10-02 ·cited 2×
  The court held that the Assistant Secretary's decision to grant a modification of a mandatory safety standard must be vacated because the Assistant Secretary failed to clearly articulate the legal test applied and did not identify the evidence relied upon.
• Mem'l Hospital/Adair Cnty. Health Ctr., Inc. v. Otis R. Bowen, M.D.
  829 F.2d 111· D.C. Cir.· 1987-09-18 ·cited 2×
  The court held that the Provider Reimbursement Review Board's findings disregarded the Secretary's Medicare reimbursement regulations by comparing dissimilar services and costs, thus reversing the district court's grant of summary judgment for the Secretary.
• Monsanto Co. v. Hodel
  827 F.2d 483· 9th Cir.· 1987-09-03 ·cited 2×
  The court held that the Secretary of the Interior could retroactively assess increased royalties based on a new valuation formula for phosphate ore, and that the award of prejudgment interest was within the trial court's discretion.
• Conax v. United States
  824 F.2d 1124· D.C. Cir.· 1987-07-24 ·cited 2×
  The court held that the contracting officer reasonably determined the government had unlimited rights in the disputed drawings, and that Conax's arguments regarding de novo review, separability, and estoppel were without merit.
• Burns v. Marsh
  820 F.2d 1108· 9th Cir.· 1987-06-30 ·cited 2×
  The court held that the Army Board for Correction of Military Records (ABCMR) did not act arbitrarily or capriciously in refusing to alter the plaintiff's service record without a hearing, and its decision was supported by substantial evidence.
• Coos-Curry Elec. Coop., Inc. v. Jura
  821 F.2d 1341· 9th Cir.· 1987-06-26 ·cited 2×
  The court held that the Bonneville Power Administration (BPA) did not err in denying mitigation relief to Coos-Curry Electric Cooperative, Inc. (CCEC) because the primary reason for CCEC's system upgrade was to improve its deteriorated transmission system, not to avoid the transf
• Corey v. Nat'l Transp. Safety Bd.
  822 F.2d 9· 2d Cir.· 1987-06-26 ·cited 2×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that it lacked jurisdiction to review nonfinal orders and denied the petition for review of the final orders before it.
• Union OIL Co. OF Cal. & Beacon Oil Co. v. U.S. Env't Prot. Agency & Lee M. Thomas
  821 F.2d 678· D.C. Cir.· 1987-06-19 ·cited 2×
  The court held that while the EPA committed a procedural error by failing to timely docket a relevant memorandum, this error was harmless and did not warrant reversal of the lead banking regulation. The court also found the regulation's substantive provisions to be rational and c
• Alam Ganem v. Bowen
  811 F.2d 1575· D.C. Cir.· 1987-02-20 ·cited 2×
  The court held that the Secretary's determination that Iran has a social insurance system of general application was not arbitrary and capricious, and therefore affirmed the district court's decision.
• Stanek v. Dep't OF Transp.
  805 F.2d 1572· Fed. Cir.· 1986-12-03 ·cited 2×
  The court agrees that removal is justified for soliciting a loan from someone who could benefit from research, and that such solicitation is not protected activity.
• Yousef v. United States
  647 F. Supp. 127· M.D. Fla.· 1986-11-14 ·cited 2×
  The court held that summary judgment for the defendants was appropriate because there were no genuine issues of material fact regarding the plaintiffs' trafficking in food stamps and the resulting permanent disqualification from the program.
• Fleming v. W. Conf. OF Teamsters Pension Tr. Fund
  803 F.2d 441· 9th Cir.· 1986-10-23 ·cited 2×·via Arbitrary And Capricious Standard Of Review For Trustee Decisions
  The court held that the pension fund's denial of prior service credits was not arbitrary, capricious, or erroneous on a question of law.
• City OF Detroit v. State OF Mich.
  803 F.2d 1411· 6th Cir.· 1986-10-21 ·cited 2×
  The court held that Michigan's Revenue Bond Act of 1933 permits the City of Detroit to charge the Wayne County Road Commission for storm water treatment services rendered by the City's sewer system.
• San Luis Obispo Mothers for Peace v. U.S. Nuclear Regulatory Comm.
  804 F.2d 523· 9th Cir.· 1986-09-30 ·cited 2×
  The court held that the NRC's determination that reracking spent fuel pools did not involve a significant hazards consideration was not arbitrary, capricious, or contrary to law.
• Miami Gen. Hosp. v. Bowen
  652 F. Supp. 812· S.D. Fla.· 1986-09-16 ·cited 2×
  The court held that a defendant's motion to dismiss based on mootness should be denied when the regulation being challenged has already been invalidated, and that a plaintiff's claim should be dismissed for lack of subject matter jurisdiction when they fail to meet statutory prer
• Shane Meat Co., Inc. v. United States Dep't OF Def. & Def. Logistics Agency
  800 F.2d 334· 3d Cir.· 1986-09-08 ·cited 2×
  The court held that the district court exceeded its authority by substituting its judgment for the agency's in reviewing the debarment decision.
• Captain David Rabren & Tampa Tri-County Pilots Ass'n v. Bd. OF Pilot Comm'rs & Dep't of Prof'l Reg.
  497 So. 2d 1245· Fla. 1st DCA· 1986-08-27 ·cited 2×
  The court reversed an administrative ruling upholding Florida Administrative Code Rule 21SS-8.10, which required state pilots on vessels underway in Florida navigable waters except during docking/undocking. The court held the rule exceeded the Board's delegated authority because
• Kyung Woon Choi v. United States Immigr. & Naturalization Serv.
  798 F.2d 1189· 8th Cir.· 1986-08-20 ·cited 2×
  The court held that the INS erred in denying the extension of treaty investor status because it failed to consider all relevant facts and changed its reasoning without notice.
• Drug & Toilet Preparation Traffic Conf., Inc. v. United States & Interstate Commerce Comm'n
  797 F.2d 1054· D.C. Cir.· 1986-08-12 ·cited 2×
  The court upheld the Interstate Commerce Commission's approval of a proposal allowing bus carriers to transport windshields and window glass without assuming liability for loss or damage, finding the "zero released valuation" reasonable under the statute.
• Nw. Cent. Pipeline Corp. v. Fed. Energy Regulatory Comm'n
  797 F.2d 918· 10th Cir.· 1986-08-05 ·cited 2×
  The court held that the Federal Energy Regulatory Commission's denial of a petition to delete a minimum throughput condition from a natural gas pipeline certificate was not arbitrary or capricious and was entitled to deference.
• ST. Elizabeth Hosp., Inc. v. Bowen
  797 F.2d 449· 7th Cir.· 1986-07-28 ·cited 2×
  The court held that the Secretary's decision classifying the concentrated care unit as routine care was supported by substantial evidence, but remanded the issue of investment income offset for further consideration.
• Pancho Villa Rest., Inc. v. United States Dep't OF Labor
  796 F.2d 596· 2d Cir.· 1986-07-21 ·cited 2×
  The court held that the Secretary of Labor did not act arbitrarily in denying alien labor certifications because the restaurant failed to adequately document its need for experienced cooks and its inability to train inexperienced ones.
• Eddington v. Cmta-Independent Tool & DIE Craftsmen Pension Tr.
  794 F.2d 1383· 9th Cir.· 1986-07-18 ·cited 2×
  The court held that the pension plan trustees did not act arbitrarily and capriciously in adopting or applying the break-in-employment rule, and that the employee's last break-in-employment was not involuntary.
• Prager v. Hodel
  793 F.2d 730· 5th Cir.· 1986-07-09 ·cited 2×
  The court held that the Secretary adequately considered the economic feasibility of reclamation when declining to designate the Camp Swift area as unsuitable for surface coal mining.
• BIG Horn Coal Co. v. Edward Temple & Dir.
  793 F.2d 1165· 10th Cir.· 1986-06-16 ·cited 2×
  A party is barred from collaterally challenging the procedural validity of an agency rule after the statutory time limit for review has expired, absent exceptional circumstances like constitutional infirmity or exceeding statutory authority.
• Nat'l Audubon Soc'y v. Hester
  801 F.2d 405· D.C. Cir.· 1986-06-10 ·cited 2×
  The court held that the U.S. Fish & Wildlife Service's decision to capture the remaining wild California condors was a reasoned exercise of discretion, adequately explained, and not arbitrary or capricious.
• United States v. Prince Hall Vill., Inc.
  789 F.2d 597· 7th Cir.· 1986-04-29 ·cited 2×
  The court held that HUD's decision to foreclose was not arbitrary or capricious, affirming the district court's grant of summary judgment.
• Manhattan Tankers, Inc. v. Dole
  787 F.2d 667· D.C. Cir.· 1986-04-11 ·cited 2×
  The court held that existing competitors in the coastwise trade are not entitled to participate in appraisal proceedings under the Wrecked Vessels Statute, and the Coast Guard's decision to enroll the vessel was sufficiently reasoned and supported by the record.
• Wronke v. Marsh
  787 F.2d 1569· Fed. Cir.· 1986-04-04 ·cited 2×
  The district court erred in interpreting Army Regulation 135-175, and its judgment ordering reinstatement of the officer is reversed.
• Smith v. Marsh
  787 F.2d 510· 10th Cir.· 1986-03-26 ·cited 2×
  The court held that the claim challenging the Army Board for Correction of Military Records' decision accrued at the time of that decision, making it timely.
• Dougherty v. U.S. Navy Bd. for Corr. of Naval Records
  784 F.2d 499· 3d Cir.· 1986-03-03 ·cited 2×
  The six-year statute of limitations for challenging a Navy Board for Correction of Naval Records decision does not begin to run until the Board issues its final decision.
• State OF Ohio v. United States Env't Prot. Agency
  784 F.2d 224· 6th Cir.· 1986-02-26 ·cited 2×
• Ill. State Chamber OF Commerce v. United States Env't Prot. Agency
  775 F.2d 1141· 7th Cir.· 1985-11-04 ·cited 2×
  The court held that the EPA's denial of Illinois' request to redesignate Kane and Du Page Counties from nonattainment to attainment status for ozone was arbitrary and capricious because EPA failed to provide a reasoned explanation for its decision, which appeared inconsistent wit
• Morgan v. Off. OF Pers. Mgmt.
  773 F.2d 282· Fed. Cir.· 1985-09-05 ·cited 2×
  Temporary performance of supervisory duties does not constitute a transfer to a supervisory position for the purpose of early retirement eligibility under 5 U.S.C. § 8336(c).
• Nat'l Ass'n OF Gov't Emps. v. Fed. Labor Relations Auth.
  770 F.2d 1223· D.C. Cir.· 1985-09-03 ·cited 2×
  The court held that the Authority's reasoning for dismissing the claim regarding threats of disciplinary action for excessive union time was flawed, but remanded for further consideration.
• Colo. Dep't OF Soc. Servs. v. The Dep't OF Health & Human Servs.
  771 F.2d 1422· 10th Cir.· 1985-08-30 ·cited 2×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Department of Health and Human Services Departmental Grant Appeals Board acted within its authority by imposing a 12-month time limit on continued federal funding during state administrative and judicial review of decertification decisions.
• Robinson v. Dep't of Transp.
  769 F.2d 1556· Fed. Cir.· 1985-07-31 ·cited 2×
  The court affirmed the Merit Systems Protection Board's decisions sustaining the removal of employees for participating in an illegal strike and unauthorized absence, finding the appeal frivolous.
• Britt v. Schenk
  769 F.2d 84· 2d Cir.· 1985-07-30 ·cited 2×
  The court should affirm the district court's injunction preventing the Corps from removing the Route 18 bridge until local assurances of replacement are received.
• Dep't OF Natural Res. v. Sailfish Club OF Fla., Inc.
  473 So. 2d 261· Fla. 1st DCA· 1985-07-23 ·cited 2×
  The Department of Natural Resources appealed an administrative hearing officer's determination that two Florida Administrative Code rules governing sovereignty submerged lands management were invalid exercises of delegated legislative authority. The court reversed, holding that b
• Cities OF Riverside AND Colton v. Fed. Energy Regulatory Comm'n
  765 F.2d 1434· 9th Cir.· 1985-07-18 ·cited 2×
  The court held that the Commission's order approving a multi-class rate design was not arbitrary or capricious and was supported by substantial evidence, as it addressed significant disparities in earned rates of return among wholesale customers.
• Nat'l Classification Comm. & Nat'l Motor Freight Traffic Ass'n, Inc. v. United States & Interstate Commerce Comm'n
  765 F.2d 1146· D.C. Cir.· 1985-07-05 ·cited 2×
  The court held that the Interstate Commerce Commission's revised motor freight classification system, based on four transportation characteristics and eliminating economic factors, was procedurally sound under the Administrative Procedure Act and substantively rational, aligning
• The State OF Ohio v. United States Dep't OF Transp. & the Materials Transp. Bureau
  766 F.2d 228· 6th Cir.· 1985-06-27 ·cited 2×
  The State of Ohio has standing to seek judicial review of a federal regulation that preempts its state statute requiring prenotification of radioactive material shipments.
• Abolfazl Salehpour v. Immigr. & Naturalization Serv.
  761 F.2d 1442· 9th Cir.· 1985-05-31 ·cited 2×
  The court held that employment performed by an alien after filing a prima facie approvable petition for H-1 status, but prior to formal approval, is not 'unauthorized employment' under 8 U.S.C. § 1255(c) if the petition is subsequently approved.
• Dist. 2 v. The Helen Mining Co.
  762 F.2d 1155· 3d Cir.· 1985-05-31 ·cited 2×
  The court held that the trustees' denial of benefits for obesity surgery due to lack of prior approval was not arbitrary and capricious, as the requirement was a clear, bargained-for term of the plan.
• The State of Tex. v. United States & Interstate Commerce Comm'n
  761 F.2d 211· 5th Cir.· 1985-05-28 ·cited 2×
  The court held that the ICC must consider excursion fares when comparing intrastate and interstate rates under 49 U.S.C. § 11501(e)(2)(A)(i) to determine if intrastate rates impose an unreasonable burden on interstate commerce. The court also affirmed ICC jurisdiction over intras
• Canyoneers, Inc. v. Hodel
  756 F.2d 754· 9th Cir.· 1985-03-29 ·cited 2×
  The statutory preference right afforded to satisfactory concessioners under the Concessions Policy Act does not vest an entitlement to automatic permit renewal, but rather the opportunity to meet the terms of any competing proposal for substantially similar services.
• Simmons v. Interstate Commerce Comm'n & United States
  757 F.2d 296· D.C. Cir.· 1985-03-19 ·cited 2×
  The court held that the Interstate Commerce Commission's decision to eliminate certain railroad reporting schedules was procedurally flawed because it relied on a prior policy statement that was not properly promulgated as a rule or binding adjudication, and the notice of rulemak
• Michota v. Anheuser-Busch
  755 F.2d 330· 3d Cir.· 1985-02-22 ·cited 2×
  The court held that inclusion of a pension plan amendment in a collective bargaining agreement ratified by union members constitutes constructive notice to beneficiaries of the pension trust.
• Exxon Corp. v. United States Dep't OF Energy
  752 F.2d 650· Temp. Emer. Ct. App.· 1984-12-17 ·cited 2×
  The court held that the cost of natural gas shrinkage must be calculated using a weighted average of all residue gas sales contracts in effect during the measurement period, including fixed-quantity contracts.