Arbitrary and Capricious

3,777 Florida cases classified under this topic · sorted by citation count

• ST. Paul-Ramsey Med. Ctr. & St. Paul-Ramsey Med. Ctr. Comm'n v. Otis R. Bowen, M.D.
  816 F.2d 417· 8th Cir.· 1987-04-15 ·cited 8×
  The court held that while the hospital failed to prove specific excess costs for an exception, the Secretary was statutorily required to retroactively apply the 1980 indirect teaching cost adjustment.
• Int'l Union v. Gen. Dynamics Land Sys. Div.
  815 F.2d 1570· D.C. Cir.· 1987-04-14 ·cited 8×
  An employer's compliance with a specific OSHA standard does not discharge its statutory obligation under the general duty clause to protect employees from recognized hazards, especially when the employer knows the standard is inadequate.
• Coastal States Energy Co. v. Hodel
  816 F.2d 502· 10th Cir.· 1987-04-09 ·cited 8×
  The court held that while the Secretary has broad authority to readjust coal lease terms, the automatic imposition of an 8% royalty rate for underground mines was improper, as the regulation allows for consideration of lower rates if conditions warrant. Other readjustments were a
• Rogers v. Dep't of Def. Dependents Schs.
  814 F.2d 1549· Fed. Cir.· 1987-03-13 ·cited 8×
  The court held that the arbitrator's award sustaining the employee's removal was supported by substantial evidence and not arbitrary, capricious, or contrary to law, despite an initial error in refusing to review performance standards.
• Nat'l Treas. Emps. Union v. Fed. Labor Relations Auth.
  810 F.2d 1224· D.C. Cir.· 1987-02-06 ·cited 8×
  The court held that Proposal 1, which did not account for employee availability, interfered with the IRS' right to determine when work is performed and was thus nonnegotiable, but Proposal 2, which granted preference to union officials absent just cause, did not interfere with th
• Blassingame v. Secretary OF the Navy
  811 F.2d 65· 2d Cir.· 1987-01-26 ·cited 8×
  The court held that the right to judicial review of a Correction Board decision accrues at the time of the Board's decision, not the original discharge, and that the district court improperly granted summary judgment without fair notice.
• Univ. OF Cincinnati v. Sec'y OF Health & Human Servs.
  809 F.2d 307· 6th Cir.· 1987-01-15 ·cited 8×
• Bordelon v. Block
  810 F.2d 468· 5th Cir.· 1986-12-11 ·cited 8×
  The court held that the permanent disqualification from the food stamp program was not arbitrary and capricious and that the district court correctly granted summary judgment.
• Ward v. United States Parole Comm'n
  804 F.2d 64· 7th Cir.· 1986-10-20 ·cited 8×
  The court held that Federal Rule of Appellate Procedure 23(a) requires only a deferential review of the Attorney General's determination of need for a prisoner transfer pending habeas corpus appeal, limited to ensuring the court's ability to adjudicate the case effectively.
• Am. Fed'n OF Gov't Emps. v. Fed. Labor Relations Auth.
  802 F.2d 1159· 9th Cir.· 1986-10-20 ·cited 8×
  The court held that the union's proposal was nonnegotiable because it directly interfered with the agency's right to determine its internal security practices.
• United States v. E. AIR Lines, Inc.
  792 F.2d 1560· 11th Cir.· 1986-07-09 ·cited 8×
  The court held that the FAA's oral directive to physically inspect bottles revealed by x-ray was a reasonable interpretation and enforcement of existing regulations, not an unauthorized amendment requiring a written directive.
• Shelley v. Brock
  793 F.2d 1368· D.C. Cir.· 1986-06-27 ·cited 8×
  The court held that the Secretary of Labor's explanation for declining to sue to set aside a union election was inadequate, requiring remand for further consideration and clearer explanation.
• Horizon Concepts, Inc. v. City OF Balch Springs
  789 F.2d 1165· 5th Cir.· 1986-05-16 ·cited 8×
  The court held that the city's zoning ordinance regulating modular home construction is constitutional on its face and as applied to the plaintiff, and that the plaintiff's failure to appear before the zoning commission justified the denial of permits.
• River Rd. Alliance, Inc. v. Corps of Eng'rs of the United States Army
  475 U.S. 1055· U.S.· 1986-03-03 ·cited 8×
• Crounse Corp. v. Interstate Commerce Comm'n & United States
  781 F.2d 1176· 6th Cir.· 1986-01-23 ·cited 8×
  The court held that the ICC erroneously interpreted and applied the Panama Canal Act by failing to consider the effect of the acquisition on competition between railroads and barge-lines.
• Cellular Mobile Sys. OF Ill., Inc. v. Fed. Commc'ns Comm'n
  782 F.2d 214· D.C. Cir.· 1986-01-10 ·cited 8×
  The court held that the FCC's denial of CMS's cellular license application was not arbitrary or capricious, affirming the Commission's decision to grant the license to Rogers Radiocall, Inc.
• Sierra Club v. Sec'y OF Transp.
  779 F.2d 776· 1st Cir.· 1985-12-23 ·cited 8×
  The court held that the Coast Guard's arbitrary and capricious action in treating a causeway as a bridge under the General Bridge Act, thereby avoiding the stricter requirements of the Rivers and Harbors Act, was sufficient grounds to revoke the permit.
• Nat'l Classification Comm. & Nat'l Motor Freight Traffic Ass'n, Inc. v. United States & Interstate Commerce Comm'n
  779 F.2d 687· D.C. Cir.· 1985-12-17 ·cited 8×
  The court held that petitioners were afforded their statutory right to a hearing, as the issues in the current application were substantially the same as those previously litigated, and the Commission's decision to deny the amendment was not arbitrary, capricious, or in excess of
• Wellington Y. Kwan v. Donovan
  777 F.2d 479· 9th Cir.· 1985-11-26 ·cited 8×
  The court held that the Secretary's denial of labor certification was not arbitrary, capricious, or an abuse of discretion, and was consistent with applicable law.
• Johnson v. Heckler
  776 F.2d 166· 7th Cir.· 1985-10-30 ·cited 8×
  The court denied the petition for rehearing and rehearing en banc.
• Clark-Cowlitz Joint Operating Agency v. Fed. Energy Regulatory Comm'n
  775 F.2d 366· D.C. Cir.· 1985-10-22 ·cited 8×
  The court held that the Commission's revised interpretation of the municipal preference statute was unreasonable and its decision was arbitrary and capricious.
• Yaffe Iron & Metal Co., Inc. v. United States Env't Prot. Agency
  774 F.2d 1008· 10th Cir.· 1985-10-03 ·cited 8×
  The court held that while Yaffe committed violations of PCB regulations, the civil penalty must be vacated and remanded because the administrative law judge improperly relied on an exhibit to establish notice of PCB presence.
• Humhosco, Inc. v. Dep't of Health & Rehabilitative Servs.
  476 So. 2d 258· Fla. 1st DCA· 1985-09-25 ·cited 8×
  Humana Hospital challenged the facial validity of two Florida administrative rules governing certificate of need applications under the theory that they exceeded the Department of Health and Rehabilitative Services' delegated legislative authority. The First District Court of App
• Fla. Fruit & Vegetable Ass'n v. Brock
  771 F.2d 1455· 11th Cir.· 1985-09-24 ·cited 8×
  The court affirmed the district court's decision regarding the Adverse Effect Wage Rate (AEWR) methodology but found the piece-rate regulation invalid due to inadequate notice.
• Granville House, Inc. v. The Dep't OF Health
  772 F.2d 451· 8th Cir.· 1985-09-06 ·cited 8×
  The district court erred in ordering HHS to conduct notice and comment rulemaking for interpretive rules and in ruling on issues from a separate, consolidated case.
• Monty Cranston v. Clark
  767 F.2d 1319· 9th Cir.· 1985-08-06 ·cited 8×
  The court held that the district court erred in reversing the IBLA's decision, as there was no evidence of an agreement or understanding between the applicants that would constitute a prohibited 'interest' or 'multiple filing' under the regulations.
• W. OIL & GAS Ass'n v. The United States Env't Prot. Agency
  767 F.2d 603· 9th Cir.· 1985-07-30 ·cited 8×
  The court held that the EPA's criterion allowing consideration of pollution source location in nonattainment area designations is permissible under the Clean Air Act.
• Am. Fin. Servs. Ass'n v. Fed. Trade Comm'n
  767 F.2d 957· D.C. Cir.· 1985-07-12 ·cited 8×
  The court held that the FTC's Credit Practices Rule, including provisions on wage assignments and security interests in household goods, was within the Commission's statutory authority, supported by substantial evidence, and did not unlawfully preempt state law.
• Milo Burroughs v. Off. OF Pers. Mgmt.
  764 F.2d 1300· 9th Cir.· 1985-07-02 ·cited 8×
  The court held that the district court had jurisdiction to review the OPM's classification decision under the Mandamus Act, and that the OPM's rescission of the regional office's reclassification was arbitrary and unsupported by the evidence.
• Ky. Utils. Co. v. The United States Fed. Energy Regulatory Comm'n
  766 F.2d 239· 6th Cir.· 1985-06-28 ·cited 8×
  The Commission's decision to allow a shorter notice period for cancellations up to 25 MW, balancing potential losses against benefits to competition, was reasonable.
• Hudson Transit Lines, Inc. v. United States
  765 F.2d 329· 2d Cir.· 1985-06-17 ·cited 8×
  The court held that the ICC's decisions to grant unrestricted bus operating authority were not arbitrary and capricious, as the agency properly applied the Bus Regulatory Reform Act of 1982's policy favoring competition and found protestant's claims of harm to be speculative.
• McGLORY v. United States
  763 F.2d 309· 7th Cir.· 1985-06-06 ·cited 8×
  The court held that the district court erred in dismissing the suit based on a standard of reviewing agency action for arbitrariness or capriciousness, rather than conducting a de novo trial on the factual findings.
• Mem'l Hosp. OF Carbondale & Herrin Hosp. v. Heckler
  760 F.2d 771· 7th Cir.· 1985-04-18 ·cited 8×
  The court held that the agency's decision to disallow Medicare reimbursement for family practice grants as non-seed money was based on erroneous reasoning and must be remanded. However, the court affirmed the disallowance of interest expense related to a bond reserve fund.
• Containerfreight Corp. v. United States & Interstate Commerce Comm'n
  752 F.2d 419· 9th Cir.· 1985-01-22 ·cited 8×
  The court held that the Commission's order granting statewide authority was not supported by substantial evidence of public need, but the finding of applicant fitness was adequately supported and articulated.
• United States v. Devil's Hole, Inc.
  747 F.2d 895· 3d Cir.· 1984-11-09 ·cited 8×
  The court held that anthracite silt recovered from silt dams constitutes coal and that the operations for its recovery qualify as surface coal mining subject to reclamation fees under the Surface Mining Act.
• ST. Elizabeth's Hosp. OF Boston v. Sec'y OF Health & Human Servs.
  746 F.2d 918· 1st Cir.· 1984-10-18 ·cited 8×
  The court affirmed the Secretary's decision that the hospital's neurology/neurosurgery and interim coronary care units were not special care units, as the Secretary's interpretation of the regulation was supported by substantial evidence and entitled to deference.
• Orleans Audubon Soc'y v. Colonel Robert C. LEE
  742 F.2d 901· 5th Cir.· 1984-10-01 ·cited 8×
  The court held that the Corps of Engineers' decisions not to require permits for the blockage of the Drill Hole Canal, the repair of levees, and the installation of drainage culverts were not arbitrary or capricious and were reasonable interpretations of the Clean Water Act and R
• August H. Ganze, Jr. v. Dart Indus., Inc.
  741 F.2d 790· 5th Cir.· 1984-09-17 ·cited 8×
  The court held that consistent application of a plan's valuation date for terminated employees, even if it results in them not receiving post-termination dividends, is not arbitrary or capricious under ERISA.
• The Peoples GAS Light & Coke Co. & N. Shore Gas Co. v. The Fed. Energy Regulatory Comm'n
  742 F.2d 1109· 7th Cir.· 1984-09-05 ·cited 8×
  The court held that the Federal Energy Regulatory Commission failed to provide an adequate explanation for its decision to apply the E-l rate to Natural Gas Pipeline Company's emergency sales.
• United States Satellite Broad. Co., Inc. v. Fed. Commc'ns Comm'n & United States
  740 F.2d 1177· D.C. Cir.· 1984-07-24 ·cited 8×
  The court held that the FCC's classification of USCI's direct-to-home video service as not 'broadcasting' was incorrect, and that the FCC's rulemaking to allow sharing of spectrum between fixed and broadcast satellite services was valid.
• Intercity Transp. Co. v. United States & Interstate Commerce Comm'n
  737 F.2d 103· D.C. Cir.· 1984-06-19 ·cited 8×
  The court held that the Interstate Commerce Commission's refusal to institute a declaratory order proceeding is a final agency action subject to judicial review, but affirmed the Commission's decision as a reasonable exercise of discretion.
• Corning Sav. & Loan Ass'n & The Corning Bank v. Fed. Home Loan Bank Bd.
  736 F.2d 479· 8th Cir.· 1984-06-13 ·cited 8×
  The court held that the district court did not err in granting summary judgment because the administrative record provided a rational basis for the Board's decision and the appellants failed to show bad faith to supplement the record.
• Cartersville Elevator, Inc. v. Interstate Commerce Comm'n
  735 F.2d 1059· 8th Cir.· 1984-06-01 ·cited 8×
  The court's holding is implicitly that the ICC's use of opportunity cost analysis was appropriate, despite the dissent's arguments.
• League OF Women Voters OF Tulsa, Inc. v. The United States Corps OF Eng'rs
  730 F.2d 579· 10th Cir.· 1984-03-14 ·cited 8×
  The court held that the final contract for water storage space was not a major federal action requiring a NEPA impact statement because all significant decisions and actions regarding the project and the contract's subject matter had been made prior to NEPA's enactment.
• Steere Tank Lines, Inc. v. Interstate Commerce Comm'n & United States
  724 F.2d 472· 5th Cir.· 1984-02-06 ·cited 8×
  The court affirmed the ICC's decisions, finding that while the ICC must consider the national transportation policy, it is not required to specifically analyze the cumulative market effect of new grants of authority when protestants fail to demonstrate substantial harm to the pub
• Agri-Trans Corp. v. Gladders Barge Line, Inc.
  721 F.2d 1005· 5th Cir.· 1983-12-27 ·cited 8×
  A non-negligent owner may abandon a sunken vessel, escaping liability for its removal, and the government may recover removal costs from the negligent party only if the wreck obstructs navigation and the Corps of Engineers has made an administrative determination to that effect.
• Blevins v. The Honorable Verne ORR
  721 F.2d 1419· D.C. Cir.· 1983-12-02 ·cited 8×
  The court held that military promotion decisions, including the number of promotions and selection criteria, are matters for the Air Force to decide and are not subject to judicial review unless they violate specific statutory or regulatory requirements or are arbitrary and capri
• Falkowski v. Equal Emp. Opportunity Comm'n
  719 F.2d 470· D.C. Cir.· 1983-10-14 ·cited 8×
  The court held that summary judgment was improperly granted on claims alleging discriminatory denial of legal representation and arbitrary agency action, as genuine issues of material fact remained. However, summary judgment was affirmed on a claim barred by collateral estoppel.
• Internal Revenue Serv. v. Fed. Labor Relations Auth.
  717 F.2d 1174· 7th Cir.· 1983-10-03 ·cited 8×
  The FLRA's decision that IRS office space changes must be negotiated is inconsistent with the requirement of effective and efficient government.
• Icbc Corp. v. Fed. Commc'ns Comm'n
  716 F.2d 926· D.C. Cir.· 1983-09-02 ·cited 8×
  The court held that the FCC's denial of a waiver for a radio station's proposed nighttime operation was not arbitrary or capricious, as it was based on a rational policy of strictly enforcing a technical rule to maintain the integrity of the AM allocation scheme.