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559 F.2d 1019·
5th Cir.·
1977-09-23
·cited 18×
The court held that the district court erred in granting summary judgment because it failed to hold an evidentiary hearing and applied an incorrect standard of review. The court also found a lack of jurisdiction over the HSA due to failure to meet the amount-in-controversy requir
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D.D.C.·
1977-06-01
·cited 18×
The court held that the Consumer Product Safety Commission (CPSC) has the authority under the Federal Hazardous Substances Act (FHSA) to issue design and performance regulations for bicycles, including those intended for adult use, provided the risk of injury is unreasonable and
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552 F.2d 130·
5th Cir.·
1977-05-13
·cited 18×
The court held that the Board of Immigration Appeals' denial of withholding deportation was not arbitrary or capricious and that petitioners received procedural due process.
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552 F.2d 931·
Temp. Emer. Ct. App.·
1977-03-07
·cited 18×
The court held that the FEA's supplier-purchaser freeze rule (10 C.F.R. § 211.63) should be upheld if it has any rational basis, and that the district court erred by not applying this standard.
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548 F.2d 96·
3d Cir.·
1977-01-12
·cited 18×
The court held that the district court did not abuse its discretion in denying injunctive relief based on laches, considering the significant progress of the military base realignment and potential prejudice to national defense.
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541 F.2d 1292·
8th Cir.·
1976-08-30
·cited 18×
The Wilderness Act does not prohibit commercial logging in the virgin areas of the BWCA's Portal Zone, and the Environmental Impact Statement (EIS) is procedurally and substantively adequate under NEPA.
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534 F.2d 633·
5th Cir.·
1976-07-02
·cited 18×
The court held that the Department of Health, Education, and Welfare (HEW) misinterpreted its own regulation when reducing Medicare reimbursement to a hospital based on revenue from leasing its radiology department.
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536 F.2d 256·
8th Cir.·
1976-06-07
·cited 18×
The court affirmed the Interstate Commerce Commission's order granting expanded operating authority, finding that the Commission's decision was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
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541 F.2d 442·
4th Cir.·
1976-06-02
·cited 18×
The FAA's acquiescence in the vastly expanded use of National and Dulles Airports requires an environmental impact statement under the National Environmental Policy Act, even for projects initiated before the Act's passage.
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531 F.2d 299·
5th Cir.·
1976-05-10
·cited 18×
The court held that the Secretary of Labor's determination of the adverse effect wage rate was a proper exercise of rule-making authority, reasonably related to the enabling legislation.
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529 F.2d 1005·
Temp. Emer. Ct. App.·
1975-12-22
·cited 18×
The court held that while the Cost of Living Council's denial of certain exception relief was supported by substantial evidence, its violation order was invalid due to the promulgation of regulations without proper notice under the Administrative Procedure Act.
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523 F.2d 1344·
9th Cir.·
1975-09-16
·cited 18×
The court held that the FCC's failure to impose common carrier obligations on cable television access channels and its limitations on cablecasting by cable owners are within the FCC's broad authority, reasonably ancillary to its responsibilities for regulating television broadcas
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522 F.2d 1186·
3d Cir.·
1975-08-21
·cited 18×
The court held that the Administrator's approval of the Pennsylvania implementation plan was arbitrary and capricious because it failed to adequately consider the specific economic hardships and technological feasibility issues faced by the petitioning utilities.
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515 F.2d 1116·
Ct. Cl.·
1975-05-14
·cited 18×
The court affirmed the trial judge's decision, holding that the plaintiff failed to establish that the Board's factual determination regarding changed conditions was arbitrary or unsupported by substantial evidence under the Wunderlich Act.
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515 F.2d 1021·
4th Cir.·
1975-05-05
·cited 18×
The court affirmed the district court's decision, holding that the preparation and approval of the environmental impact statement and the consideration of alternative routes complied with NEPA and the Federal-Aid Highways Act.
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495 F.2d 1294·
7th Cir.·
1974-04-30
·cited 18×
The court held that the Secretary of Labor's promulgation of an OSHA standard was flawed due to the lack of qualified employer representation on the advisory committee and the vagueness of the standard itself.
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497 F.2d 909·
Temp. Emer. Ct. App.·
1974-04-29
·cited 18×
The court held that the Cost of Living Council's regulations, as applied to nursing homes, were not arbitrary and capricious and did not conflict with Medicare and Medicaid provisions, reversing the lower court's judgment and injunction.
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486 F.2d 946·
7th Cir.·
1973-10-02
·cited 18×
The court held that the Corps of Engineers' environmental impact statement complied with NEPA's requirements and that the failure to obtain local assurances did not void the flood control project.
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473 F.2d 664·
4th Cir.·
1973-02-08
·cited 18×
District courts have an obligation to substantively review agency decisions under NEPA to determine if they are arbitrary or give insufficient weight to environmental factors.
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471 F.2d 350·
7th Cir.·
1972-12-05
·cited 18×
The court held that the respondent failed to perform its statutory duty by not considering the costs and benefits of a proposed safety standard.
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412 F.2d 1325·
Ct. Cl.·
1969-07-16
·cited 18×
The court affirmed the denial of the plaintiffs' motion for summary judgment and granted the defendant's cross-motion, dismissing the plaintiffs' petition.
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411 F.2d 1020·
Ct. Cl.·
1969-06-20
·cited 18×
The court held that the ASBCA's decision was supported by substantial evidence and not arbitrary or capricious, and that the plaintiff failed to prove mutual mistake or legal error.
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405 F.2d 25·
9th Cir.·
1968-03-22
·cited 18×
The court denied the petition for rehearing, affirming the Board of Immigration Appeals' decision.
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370 F.2d 397·
8th Cir.·
1966-12-28
·cited 18×
The court held that the National Labor Relations Board's denial of a hearing on allegations of union election misconduct was improper, requiring denial of enforcement of the bargaining order. However, the court affirmed the Board's determination of the bargaining unit's appropria
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363 F.2d 120·
9th Cir.·
1966-07-08
·cited 18×
The court held that the Civil Aeronautics Board (CAB) did not err in denying Island Airlines' petition for an exemption from economic regulation for inter-island flights in Hawaii, and that procedural objections not raised before the CAB are waived.
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358 F.2d 951·
Ct. Cl.·
1966-02-18
·cited 18×
The court held that the Army's denial of disability retirement pay was not arbitrary or capricious, and that a myocardial infarction is a disease, not an injury, under the relevant statute.
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345 F.2d 828·
Ct. Cl.·
1965-05-14
·cited 18×
The court held that the Air Force Board for Correction of Military Records acted arbitrarily and capriciously by denying disability retirement benefits based on an inaccurate ex parte opinion from the Surgeon General, which was contrary to substantial evidence of the plaintiff's
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322 F.2d 999·
D.C. Cir.·
1963-07-18
·cited 18×
The Federal Power Commission has the authority to reconsider and modify its orders until the record is filed in a court of appeals or the time for judicial review has expired, even if rehearing petitions were initially deemed denied.
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296 F.2d 191·
7th Cir.·
1961-11-06
·cited 18×
The court held that the District Court properly dismissed the complaint for lack of jurisdiction, as the System Board's decision was not a denial of due process and had a reasonable basis.
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275 F.2d 596·
9th Cir.·
1960-01-20
·cited 18×
The court held that the Secretary applied an arbitrary standard by limiting the salary solely to the corporation's actual earnings, and that a new hearing is necessary for redetermination.
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256 F.2d 718·
D.C. Cir.·
1958-05-08
·cited 18×
The court held that the Secretary's action in denying a lease preference was not arbitrary and had a rational basis, upholding the statutory procedures.
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243 F.2d 610·
D.C. Cir.·
1957-01-31
·cited 18×
The court held that all procedural requirements for the discharge of a government employee were met, and courts will not review the merits of such discharges.
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192 F.2d 33·
D.C. Cir.·
1951-06-28
·cited 18×
The court held that the Federal Communications Commission did not act arbitrarily or capriciously in granting a broadcast permit to one applicant over another when both proposed to serve the same large metropolitan area.
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144 F.2d 874·
Emer. Ct. App.·
1944-09-29
·cited 18×
The court held that a complainant's challenge to the validity of a price regulation, even if not precisely articulated, is cognizable by the court, and that statutory definitions supersede common usage.
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146 F.2d 855·
Emer. Ct. App.·
1944-09-28
·cited 18×
The court held that the Administrator's denial of the complainant's application for adjustment was not arbitrary or capricious, as it was based on a reasonable consideration of all pertinent factors and a statistically sound calculation of the industry's prewar profit margin.
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592 U.S. 414·
U.S.·
2021-04-01
·cited 17×
The Federal Communications Commission appealed the Third Circuit's decision vacating its 2017 order to repeal or modify three broadcast media ownership rules, arguing the agency's decision was not arbitrary and capricious under the Administrative Procedure Act. The Supreme Court
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919 F.2d 439·
7th Cir.·
1990-11-28
·cited 17×
The court held that the Forest Service's decision to authorize group selection logging was permissible under the existing management plan and did not require a new environmental impact statement.
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906 F.2d 903·
2d Cir.·
1990-06-26
·cited 17×
The court held that where an employer's plan summary booklet conflicts with the official plan document, the summary booklet controls, especially when the official plan was not properly filed or distributed as required by ERISA. The court also affirmed that a de novo standard of r
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898 F.2d 1410·
9th Cir.·
1990-03-19
·cited 17×
The Navy's outlease program did not violate the Endangered Species Act (ESA) or the National Environmental Policy Act (NEPA), nor did it breach fiduciary duties to the Tribe, as its reliance on FWS opinions was not arbitrary and capricious and its actions did not jeopardize the c
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857 F.2d 514·
9th Cir.·
1988-07-11
·cited 17×
The court held that the denial of benefits was not arbitrary and capricious, state law claims were preempted by ERISA, and extra-contractual damages were not available under ERISA.
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844 F.2d 517·
8th Cir.·
1988-04-12
·cited 17×
The court held that the Employee Retirement Income Security Act (ERISA) governed the separation pay policy, preempting state law claims, and that the employer's interpretation of the policy was not arbitrary or capricious.
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828 F.2d 881·
1st Cir.·
1987-09-18
·cited 17×
The court held that the Administrator's interpretation of 'currently accepted medical use' and 'accepted safety for use' under the CSA to mean FDA approval for interstate marketing was contrary to congressional intent.
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826 F.2d 1400·
5th Cir.·
1987-08-27
·cited 17×
The court held that the Bank Board's appointment of FSLIC as receiver for Western Savings was supported by the administrative record and reviewed under the arbitrary and capricious standard, not de novo.
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817 F.2d 609·
10th Cir.·
1987-04-17
·cited 17×
The court held that the Mineral Lands Leasing Act's statute of limitations does not apply to NEPA challenges and that the district court abused its discretion in applying the laches defense and the exhaustion of administrative remedies doctrine to bar the plaintiffs' claim regard
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814 F.2d 620·
11th Cir.·
1987-04-13
·cited 17×
The court held that removal of ERISA actions to federal court is permissible even when state courts have concurrent jurisdiction, and that the denial of a jury trial and the exclusion from employee benefit plans were not arbitrary or capricious.
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784 F.2d 1157·
4th Cir.·
1985-11-29
·cited 17×
The court held that the district court properly dismissed the action for lack of jurisdiction because there was no colorable claim that the Secretary's calculation of the attorney's fee violated federal law.
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773 F.2d 1561·
11th Cir.·
1985-10-18
·cited 17×
The court held that the Interstate Commerce Commission (ICC) has the statutory authority to generally reduce the notice period for motor carrier tariff filings upon finding 'cause,' and that the ICC's finding of cause based on increased competition and the need for carrier flexib
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755 F.2d 1410·
11th Cir.·
1985-03-22
·cited 17×
The court held that the record lacked sufficient factual development to determine standing, requiring a remand to the district court.
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744 F.2d 1107·
5th Cir.·
1984-10-11
·cited 17×
The court held that the district court acted within its authority in issuing a modified preliminary injunction requiring the Louisiana Public Service Commission to grant a telephone rate increase sufficient to cover federally mandated depreciation expenses.
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736 F.2d 727·
D.C. Cir.·
1984-05-25
·cited 17×
The court held that de novo review by the district court was inappropriate for an information submitter challenging an agency's decision to disclose records, and that the preliminary injunction was properly granted based on the administrative record.