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

• ALL Am. Cables & Radio, Inc. v. Fed. Commc'ns Comm'n
  736 F.2d 752· D.C. Cir.· 1984-06-15
  The court held that the FCC's order granting Puerto Rico Telephone Company (PRTC) authority to displace All America Cables and Radio, Inc. (All America) as Puerto Rico's long-distance carrier was not arbitrary and capricious.
• Devine v. Pastore
  732 F.2d 213· D.C. Cir.· 1984-04-20
  The court held that an arbitrator erred by applying a standard of review to an agency's disciplinary action that was more intensive than that applied by the Merit Systems Protection Board, and by failing to consider all relevant factors under federal personnel law.
• Newbury Local Sch. Dist. Bd. OF Educ. v. Geauga Cnty. Metro. Hous. Auth.
  732 F.2d 505· 6th Cir.· 1984-04-16
  The court held that the Secretary of Housing and Urban Development (HUD) has the discretion to select which local governing body's approval is required for low-income housing projects when multiple entities have jurisdiction, and this selection is subject to judicial review under
• Ohio Power Co. v. United States Env't Prot. Agency & Anne M. Gorsuch
  729 F.2d 1096· 6th Cir.· 1984-03-22
  The court affirmed the EPA's decision to continue using Class A dispersion coefficients, finding it was not arbitrary or capricious.
• Otherson v. Dep't of Just.
  728 F.2d 1513· D.C. Cir.· 1984-03-06
  The court held that the temporary suspension of a federal employee pending trial on job-related criminal charges, based on an indictment, is permissible under statute and does not violate due process.
• Davis v. Ins. Comm'r & Treas.
  445 So. 2d 630· Fla. 1st DCA· 1984-02-08
  The court held that the Department's order denying a certificate of compliance was supported by substantial competent evidence and comported with the law.
• Dart Containerline Co. Ltd. v. Fed. Mar. Comm'n & United States
  722 F.2d 750· D.C. Cir.· 1983-12-02
  The Federal Maritime Commission (FMC) had jurisdiction over Dart's joint venture agreement and the authority to impose capacity limitations as a condition of approval, which Dart ultimately accepted.
• Hackett v. Off. OF Pers. Mgmt.
  721 F.2d 580· 6th Cir.· 1983-11-23
  This court lacks jurisdiction to review the Merit Systems Protection Board's denial of disability retirement benefits for a physical disability, as 5 U.S.C. § 8347(c) makes such decisions final and not subject to judicial review.
• W. Coal Traffic League & its Members v. United States & Interstate Commerce Comm'n
  719 F.2d 772· 5th Cir.· 1983-11-14
  The Interstate Commerce Commission cannot reinterpret the 4-R Act's market dominance definition to include geographic or product competition when the statute clearly limits it to competition from other carriers or modes of transportation for the specific traffic or movement.
• Kasick v. Block
  717 F.2d 459· 8th Cir.· 1983-09-26
  The court held that the Secretary of Agriculture's decision to exclude popcorn from the Payment-in-Kind (PIK) program was not arbitrary and capricious.
• Biscayne Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  572 F. Supp. 997· S.D. Fla.· 1983-09-09
  The court held that the FHLBB's decision to appoint a receiver was an abuse of discretion, and that the constitutional claims were cognizable in this action.
• Ramirez v. Sec'y OF Agric. & United States
  712 F.2d 150· 5th Cir.· 1983-08-15
  The court held that the district court erred in finding the agency's six-month disqualification sanction arbitrary and capricious and in substituting a shorter disqualification period and a civil penalty.
• Johnson v. The Sec'y OF & U.S. Dep't OF Hous. & Urban Dev.
  710 F.2d 1130· 5th Cir.· 1983-08-01
  The court held that while the Secretary acted arbitrarily in disallowing profit and overhead due to an 'identity of interest,' sovereign immunity bars claims for damages beyond interest reduction payments, which are payable from the Secretary's funds.
• Outhay Thongsamouth v. Schweiker
  711 F.2d 465· 1st Cir.· 1983-07-12
  The court held that the Secretary of Health and Human Services had the discretionary authority to limit cash and medical benefits to refugees for 18 months, and that the regulations implementing this limit were a valid exercise of that authority.
• Benny L. Lyles v. U.S. Postal Serv.
  709 F.2d 358· 5th Cir.· 1983-07-11
  The court held that the Merit Systems Protection Board correctly found it lacked jurisdiction because the effective total suspension was 14 days, not more than 14 days.
• The Process GAS Consumers Grp. v. Fed. Energy Regulatory Comm'n
  712 F.2d 483· D.C. Cir.· 1983-06-17
  The court held that the Federal Energy Regulatory Commission (FERC) did not err in its final rule defining 'economically practicable' alternate fuels for agricultural natural gas users, and that the Commission's determination regarding No. 2 fuel oil and installed capacity was re
• Tomaz L. Romero v. Dep't OF THE Army
  708 F.2d 1561· 10th Cir.· 1983-06-07
  The court held that the Merit Systems Protection Board's decision to uphold the petitioner's removal was supported by substantial evidence and had a rational basis, and that no prejudicial error occurred in the proceedings.
• Compton v. United States Dep't OF Energy
  706 F.2d 260· 8th Cir.· 1983-05-11 ·via Standard Of Review For Agency Action (Arbitrary, Capricious, Abuse Of Discretion)
  The court held that the Merit Systems Protection Board (MSPB) did not abuse its discretion in refusing to order a compliance hearing for the first reduction in force (RIF) and was not bound by its prior decision on the competitive area for the second RIF.
• Rough & Ready Timber Co. v. The United States
  707 F.2d 1353· Fed. Cir.· 1983-03-30
  The court held that the Forest Service Manual provisions did not preclude the Forest Service from imposing a new scaling provision as a condition for a timber contract extension, and the timber company was not deprived of anything.
• Jones v. Farm Credit Admin.
  702 F.2d 156· 8th Cir.· 1983-03-22
  The court held that the Farm Credit Administration did not violate an employee's due process rights by initiating removal proceedings while a related grievance was pending, and the MSPB's decision was supported by substantial evidence.
• Associated Metals & Minerals Corp. v. Gerald P. Carmen (individually
  704 F.2d 629· D.C. Cir.· 1983-03-22
  The court's judgment is affirmed, but the concurring opinion disagrees with the majority's reasoning on one point regarding a GAO report.
• Varienne M. Almond v. Dep't of Transp. (federal Aviation Administration)
  701 F.2d 34· 5th Cir.· 1983-03-21 ·via Standard Of Review For Agency Action (Arbitrary, Capricious, Abuse Of Discretion)
  The court held that the Merit Systems Protection Board did not abuse its discretion in dismissing an administrative appeal as untimely when the delay was solely due to counsel's inadvertence.
• Nat'l Labor Relations Bd. v. Brazeway, Inc.
  702 F.2d 623· 6th Cir.· 1983-03-01
  The court held that the National Labor Relations Board's decision finding the company in violation of the Act was supported by substantial evidence and not arbitrary or capricious.
• Nat'l Classification Comm. & Nat'l Motor Freight Traffic Ass'n, Inc. v. United States & Interstate Commerce Comm'n
  697 F.2d 344· D.C. Cir.· 1982-12-28
  The court held that the ICC's rejection of the proposed freight classification change was flawed due to an unexplained departure from precedent regarding comparison of commodities and improper exclusion of rebuttal evidence. The court remanded the case for further proceedings.
• Roberts v. Fla. Parole & Prob. Comm'n
  424 So. 2d 64· Fla. 1st DCA· 1982-12-10
• Little v. Thomas
  719 F.2d 50· 3d Cir.· 1982-12-06
  The court affirmed the district court's grant of summary judgment, finding the Parole Commission's decision to continue the appellant on parole was rational and consistent with the statute, and that no evidentiary hearing was required.
• Maxia v. United States
  687 F.2d 276· 8th Cir.· 1982-09-07
  The court held that the trial court did not err in upholding the Department of Agriculture's disqualification of the appellant from the Food Stamp Program, finding the sanction was neither arbitrary nor capricious.
• Se. Pa. Transp. Auth. v. Interstate Commerce Comm'n
  682 F.2d 91· 3d Cir.· 1982-06-28
  The court held that the Rail Service Planning Office's order assigning commuter rail accident costs to SEPTA was not arbitrary or capricious and was consistent with the statute.
• Cent. Fla. GAS Corp. v. Fed. Energy Regulatory Comm'n
  678 F.2d 932· 11th Cir.· 1982-06-14
  The court held that the Federal Energy Regulatory Commission did not act arbitrarily or abuse its discretion in denying Central Florida Gas Corporation's request for a waiver of penalties incurred for exceeding volumetric limitations.
• Fla. Agric. Research Inst. v. Fla. Dep't of Agric. & Consumer Servs.
  416 So. 2d 1153· Fla. 2d DCA· 1982-05-26
  Florida fertilizer manufacturers challenged administrative rules authorizing field sampling of bulk mixed fertilizer using the Missouri D probe and associated tolerance tables. The Florida Department of Agriculture upheld the rules, and the District Court of Appeal affirmed, find
• E. Tenn. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  677 F.2d 531· 6th Cir.· 1982-05-10
  The court held that the Federal Energy Regulatory Commission acted within its statutory authority in promulgating rules defining 'average per day use' and 'in existence on November 9, 1978' for small industrial boiler fuel user exemptions under the NGPA, and that the notice of ru
• Noyes S. Bishop, Jr. v. The United States
  673 F.2d 1369· Ct. Cl.· 1982-03-24
  The court held that the case must be remanded to the Army Board for the Correction of Military Records to determine if the Officer Efficiency Report was made retroactively and if that retroactivity prejudiced the plaintiff's promotion.
• Stewart v. Smith
  673 F.2d 486· D.C. Cir.· 1982-03-09
  The majority holds that the issuance of a maximum hiring age policy did not require notice and comment rulemaking under the APA because it falls under the 'matter relating to agency management or personnel' exemption.
• Brug v. The Pension Plan OF the Carpenters Pension Tr. Fund FOR N. Cal.
  669 F.2d 570· 9th Cir.· 1982-02-12
  The court held that the Trustees' rescission of the amendment could not be applied retroactively to deny pension benefits to an employee who met all eligibility requirements prior to the rescission.
• United States v. Wall
  670 F.2d 469· 4th Cir.· 1982-02-04
  The court held that while the government can set rates for medical care recovery, the OMB's regulations lacked sufficient articulation of their basis, preventing conclusive effect in damage calculations.
• Armco, Inc. v. Interstate Commerce Comm'n & United States
  669 F.2d 417· 6th Cir.· 1982-02-01
  The court affirmed the ICC's decision denying Armco's request for transit concessions, finding the ICC acted reasonably in interpreting the tariff to preclude substitution of locally produced steel and in deeming the non-substitution rule reasonable.
• Public Citizen v. Dep't of Health & Human Servs.
  671 F.2d 518· D.C. Cir.· 1981-11-30
  The court should order the government to implement regulations or provide notice and comment for changes.
• Greyhound Lines, Inc. v. Interstate Commerce Comm'n & United States
  667 F.2d 151· D.C. Cir.· 1981-10-09 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Interstate Commerce Commission's (ICC) finding of public convenience and necessity was supported by substantial evidence and not arbitrary, capricious, or an abuse of discretion, specifically approving the use of adoption testimony.
• City OF Newport Beach v. Civil Aeronautics Bd.
  665 F.2d 1280· D.C. Cir.· 1981-09-21
  The court held that the challenge to the Board's grant of Continental's route authority was moot because a final Environmental Impact Statement (EIS) was issued that supported the grant.
• Chevron U. S. A., Inc. v. United States Env't Prot. Agency
  658 F.2d 271· 5th Cir.· 1981-09-14
  The court held that the Administrator's determination that Breton Wilderness exceeded 5,000 acres on August 7, 1977, was not arbitrary or capricious, and that the denial of Chevron's petition for reconsideration was procedurally sound.
• Syntex Agribusiness, Inc. v. United States Int'l Trade Comm'n
  659 F.2d 1038· C.C.P.A.· 1981-08-27
  The court held that the International Trade Commission (ITC) correctly dismissed Syntex's revised complaint because it failed to provide adequate factual support for its allegations of monopolization and conspiracy, thus not meeting the requirements for a section 337 investigatio
• Odell C. Tant v. United States
  656 F.2d 961· 4th Cir.· 1981-08-17
  The court held that the Food and Nutrition Service (FNS) did not abuse its discretion in imposing a sixty-day suspension for food stamp violations, even without a prior warning letter, given the nature and quantity of ineligible items sold.
• The Commonwealth OF Ky. v. Alexander
  655 F.2d 714· 6th Cir.· 1981-07-21
  The court held that the Army Corps of Engineers did not abuse its discretion in its consideration of alternative sites in the Environmental Impact Statement (EIS) for the proposed port construction.
• Potomac Elec. Power Co. v. Env't Prot. Agency
  650 F.2d 509· 4th Cir.· 1981-06-04
  The court held that the EPA's interpretation of 'contractual obligation' requiring 'significant liability' for exemption from NSPS is not plainly erroneous, and that the boiler is the correct 'affected facility'.
• Ramoco Inc. v. Andrus
  649 F.2d 814· 10th Cir.· 1981-05-27 ·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the Secretary of the Interior's narrow interpretation of the 'justifiable' and 'reasonable diligence' standards for lease reinstatement is not arbitrary, capricious, or an abuse of discretion.
• Bowman Transp., Inc. v. Interstate Commerce Comm'n & United States
  643 F.2d 285· 5th Cir.· 1981-04-22
  The court held that the Interstate Commerce Commission acted rationally in refusing to impose a weight restriction on the applicant's express service, as substantial evidence supported the decision.
• Sean Michaels, Inc. v. United States Postal Serv.
  653 F.2d 591· D.C. Cir.· 1981-04-21
  The court held that the companies breached their consent agreements by continuing to make advertising claims prohibited by those agreements, and the Postal Service's determination was not arbitrary or capricious.
• W. Airlines, Inc. v. Civil Aeronautics Bd.
  648 F.2d 744· D.C. Cir.· 1981-04-08
  The court held that the Civil Aeronautics Board's decision assigning air routes was not arbitrary, capricious, or unsupported by substantial evidence, as the Board considered relevant factors beyond just competition.
• Farshy v. Campbell
  638 F.2d 829· 5th Cir.· 1981-03-05
  The court held that the agency's actions regarding job classification, pay, performance rating, dismissal, and grievances were supported by substantial evidence and did not violate constitutional rights or procedural requirements.
• Nat'l Civil Serv. League v. The United States
  643 F.2d 768· Ct. Cl.· 1981-02-25
  The court held that the contract's ceiling provision superseded the Limitation of Cost clause, barring recovery for costs exceeding the ceiling, and that the contractor's arguments for waiver or reformation were unsupported.