Arbitrary and Capricious

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

• Interstate Natural GAS Ass'n OF Am. v. Fed. Energy Regulatory Comm'n
  756 F.2d 166· D.C. Cir.· 1985-03-05 ·cited 6×
  The court held that the Federal Energy Regulatory Commission (FERC) must vacate the offset provision in Order No. 399-A, as it improperly delayed refunds mandated by a prior court decision and lacked adequate explanation for the reversal of its earlier prohibition on offsets.
• NKC, Inc. v. Sec'y OF Health & Human Servs.
  747 F.2d 1100· 6th Cir.· 1984-11-15 ·cited 6×
  The court held that the Secretary has the discretion to interpret the regulation requiring a special care unit to provide a level of care equivalent to Intensive Care Units and Cardiac Care Units, and that the denial of special care unit status for the Transitional Care Unit was
• Nat'l Cable Television Ass'n, Inc. v. Fed. Commc'ns Comm'n & United States
  747 F.2d 1503· D.C. Cir.· 1984-11-09 ·cited 6×
  The court held that the FCC's rule lessening the burden for telephone companies to provide cable service in rural areas was consistent with its statutory mandate and the Administrative Procedure Act, but the FCC must still consider arguments regarding present intentions of indepe
• Md. Wildlife Fed'n & Route # 40 Advocates, Inc. v. Dole
  747 F.2d 229· 4th Cir.· 1984-10-25 ·cited 6×
  The court held that the Secretary improperly considered community disruption when selecting a highway route through protected parkland, as such disruption was not extraordinary.
• N.Y. State Energy Research & Dev. Auth. v. Fed. Energy Regulatory Comm'n
  746 F.2d 64· D.C. Cir.· 1984-10-19 ·cited 6×
  The court held that FERC acted arbitrarily and capriciously by rejecting NYSERDA's license application as untimely, failing to apply its own rule allowing for exceptions in the interest of justice.
• Luella Crouch v. Mo-Kan Iron Workers Welf. Fund
  740 F.2d 805· 10th Cir.· 1984-08-03 ·cited 6×
  Plaintiff is entitled to pension plan benefits because the plan must comply with ERISA's minimum participation standards, but is not entitled to welfare plan benefits as the denial was not arbitrary or capricious. The constructive discharge claim is remanded for reconsideration.
• Tex. Comm. ON Natural Res. & Mrs. Peggy Amerson v. Marsh
  736 F.2d 262· 5th Cir.· 1984-07-16 ·cited 6×
  The court held that the Supplemental Environmental Impact Statement (SEIS) substantially complied with the National Environmental Policy Act (NEPA), and the district court exceeded its authority by issuing a permanent injunction based on perceived inadequacies.
• Nat'l Labor Relations Bd. v. Sw. Sec. Equip. Corp.
  736 F.2d 1332· 9th Cir.· 1984-07-03 ·cited 6×
  The Board did not act arbitrarily in refusing to consider a late-filed brief that did not meet regulatory requirements for exceptions.
• RTC Transp., Inc. v. The Interstate Commerce Comm'n & the United States
  731 F.2d 1497· 11th Cir.· 1984-05-10 ·cited 6×
  The court held that the ICC's order granting a certificate of public convenience and necessity to Cowboy Trucking was supported by substantial evidence and was not arbitrary or capricious.
• Dist. 17 v. Allied Corp.
  735 F.2d 121· 4th Cir.· 1984-05-08 ·cited 6×
  The dissenting judge believes the financial burden for pensioners' benefits should be placed on Allied due to its breach of the 1978 Wage Agreement and ERISA, not the UMWA Benefit Trust Fund.
• Wheaton van Lines, Inc. v. Interstate Commerce Comm'n & United States
  731 F.2d 1264· 7th Cir.· 1984-04-06 ·cited 6×
  The court held that the Interstate Commerce Commission's award of contract carrier authority was rational and supported by substantial evidence, even if the evidence was not preponderant, because the Commission's interpretation of 'distinct needs' is entitled to deference.
• The Arlington Hosp. v. Heckler
  731 F.2d 171· 4th Cir.· 1984-03-26 ·cited 6×
  The court held that the Secretary's regulation prohibiting Medicare reimbursement for the personal use of bedside telephones by Medicare patients is valid and enforceable.
• Johnson v. Franco
  727 F.2d 442· 5th Cir.· 1984-03-19 ·cited 6×
  The court held that the plan's definition of 'normal retirement age' as 65 complied with ERISA, allowing benefit suspension before that age, and that the plan's reemployment restrictions were not arbitrary or capricious under the LMRA or state law.
• Short v. United Mine Workers OF Am. 1950 Pension Tr.
  728 F.2d 528· D.C. Cir.· 1984-02-28 ·cited 6×
  Federal courts cannot review collectively bargained pension eligibility requirements for reasonableness or breach of fiduciary duty if the trustees are merely enforcing terms set by the collective bargaining agreement.
• NEW England Coal. ON Nuclear Pollution v. Nuclear Regulatory Comm'n & The United States
  727 F.2d 1127· D.C. Cir.· 1984-02-07 ·cited 6×
  The court held that the Nuclear Regulatory Commission's rule eliminating financial qualifications review for electric utilities lacked a rational connection between the facts found and the choice made, failing to meet the requirements of the Administrative Procedure Act.
• Pollgreen v. Morris
  579 F. Supp. 711· S.D. Fla.· 1984-01-24 ·cited 6×
  The court held that the plaintiffs established a viable defense of duress and coercion, entitling them to summary judgment and mitigation of fines under 8 U.S.C. § 1323.
• Akins v. United States R.R. Ret. Bd.
  721 F.2d 652· 9th Cir.· 1983-12-05 ·cited 6×
  Military retirement pay is a social-insurance payment under the Railroad Unemployment Insurance Act and can be offset against unemployment benefits.
• The State OF NEW York & The N.Y. State Dep't of Health v. Heckler
  719 F.2d 1191· 2d Cir.· 1983-10-07 ·cited 6×
  The court's decision on the merits is unnecessary as the case is no longer properly before it due to a prior injunction in another circuit.
• Conway v. Watt
  717 F.2d 512· 10th Cir.· 1983-09-21 ·cited 6×
  The court held that the absence of a date on an oil and gas drawing entry card cannot be a per se disqualification, as it is a trivial, non-substantive error.
• Commonwealth of Ky. v. Secretary of Education
  717 F.2d 943· 6th Cir.· 1983-09-14 ·cited 6×
  The court held that the Secretary of Education was not justified in assessing a penalty against the Commonwealth for purported failure to comply with Title I requirements because the statutory and regulatory provisions were not sufficiently clear to apprise the Commonwealth of it
• Abrams v. United States Dep't OF THE Navy
  714 F.2d 1219· 3d Cir.· 1983-08-11 ·cited 6×
  The court held that an agency is not always required to present evidence beyond a conviction for violent off-duty misconduct to establish a nexus to the efficiency of the service, but the employee must demonstrate the absence of adverse effects on co-workers and agency goals to r
• Free Enter. Canoe Renters Ass'n of Mo. v. Janies Watt
  711 F.2d 852· 8th Cir.· 1983-07-11 ·cited 6×
  The court held that the regulation requiring permits for canoe delivery or retrieval within the Ozark National Scenic Riverways is valid and enforceable, even on nonfederal roads, and that the government is not estopped from enforcing it.
• Hatcher v. Dep't OF THE AIR Force
  705 F.2d 1309· 11th Cir.· 1983-05-26 ·cited 6×
  Chapter 75 removals are available for substandard or inadequate performance, even if Chapter 43 procedures could also apply.
• S.W. v. State
  431 So. 2d 339· Fla. 2d DCA· 1983-05-18 ·cited 6×
  The court held that the City of Palmetto's curfew ordinance is unconstitutional because it unduly infringes upon the personal rights and liberties of minors.
• Nat'l Labor Relations Bd. v. Ne. Univ.
  707 F.2d 15· 1st Cir.· 1983-05-18 ·cited 6×
  The court held that the National Labor Relations Board's (NLRB) refusal to disclose investigatory material was reasonable and lawful, and thus enforced the Board's order.
• Nat'l Black Media Coal. v. Fed. Commc'ns Comm'n & United States
  706 F.2d 1224· D.C. Cir.· 1983-05-10 ·cited 6×
  The court held that the FCC's decision to exempt small market television license renewal applicants from formal ascertainment survey requirements was not arbitrary or capricious, as a rational basis existed for the agency's decision.
• Springfield Television OF Utah, Inc. v. Fed. Commc'ns Comm'n & United States
  710 F.2d 620· 10th Cir.· 1983-04-13 ·cited 6×
  The court held that the FCC's rulemaking orders permitting new VHF television assignments (drop-ins) were reasonable and supported by adequate evidence, and that the agency acted within its broad authority.
• Bd. OF Trade of the City OF Chicago v. Commodity Futures Trading Comm'n
  704 F.2d 929· 7th Cir.· 1983-04-04 ·cited 6×
  The court held that the Board of Trade's challenge to the Commission's arbitration rule was not ripe for adjudication, as neither the Board nor its members were suffering immediate harm and a specific factual context was necessary to determine the constitutional claims.
• The Twp. OF Springfield v. Drew Lewis
  702 F.2d 426· 3d Cir.· 1983-03-15 ·cited 6×
  The court held that the agency's decision not to redraft or supplement the Environmental Impact Statement was reasonable, and that the district court did not err in granting summary judgment.
• Arlyn Tokar v. Colonel Richard E. Hearne
  699 F.2d 753· 5th Cir.· 1983-03-07 ·cited 6×
  A military base commander has the authority to summarily bar a civilian from a military installation without a prior hearing if the civilian's interest is a mere privilege or slight economic advantage, and the government's interest in maintaining order and discipline outweighs th
• Planned Parenthood Ass'n OF Utah v. Schweiker
  700 F.2d 710· D.C. Cir.· 1983-02-18 ·cited 6×
  The court held that while the district court erred in dismissing the parental consent issue, the state's assurances that it would provide services to all eligible individuals, including minors without parental consent (potentially through referrals), provided adequate grounds for
• Stevens v. Tenn. Valley Auth.
  699 F.2d 314· 6th Cir.· 1983-02-03 ·cited 6×
  The court denied petitions for rehearing, finding that a remand adequately protected the petitioner's interests and that the respondent's arguments based on unconditional offers and agency status were without merit.
• Film Transit, Inc. v. Interstate Commerce Comm'n & United States
  699 F.2d 298· 6th Cir.· 1983-01-31 ·cited 6×
  The court held that the Interstate Commerce Commission's order granting permanent authority to Mistletoe Express Service was supported by substantial evidence and was not arbitrary or capricious, and that the Commission's decision adequately articulated its findings and reasoning
• Aurora Pump v. Goulds Pumps, Inc.
  424 So. 2d 70· Fla. 1st DCA· 1982-12-14 ·cited 6×
  Aurora Pump appeals a permanent injunction preventing Jacksonville Electric Authority (JEA) from awarding a contract to Aurora and requiring JEA to reissue bids with clear, published procedures. The court affirmed, holding that JEA's bidding documents were ambiguous regarding dea
• Research Med. Ctr. v. Schweiker
  684 F.2d 599· 8th Cir.· 1982-08-09 ·cited 6×
  The court held that the Secretary's decisions regarding capitalization of construction interest, offset of interest income, and disallowance of visitor portion of coffee shop costs were reasonable and supported by substantial evidence, thus affirming the district court's judgment
• City OF NEW Brunswick v. Borough OF Milltown & the Middlesex Cnty. Utils. Auth. (formerly Middlesex Cnty. Sewerage Authority)
  686 F.2d 120· 3d Cir.· 1982-07-22 ·cited 6×
  The EPA acted within its authority in withholding federal grant funds from MCUA because Milltown, a recipient of waste treatment services, had not adopted a user charge system as required by the Clean Water Act.
• The Upjohn Mfg. Co. & The Upjohn Co. v. Schweiker
  681 F.2d 480· 6th Cir.· 1982-06-29 ·cited 6×
  The court held that the FDA's approval of a competitor's new drug application was not arbitrary or capricious, and the district court properly reviewed the agency action based on the administrative record.
• AD HOC Telecomms. Users Comm. v. Fed. Commc'ns Comm'n & United States
  680 F.2d 790· D.C. Cir.· 1982-06-11 ·cited 6×
  The court held that the FCC failed to adequately explain its determination that WATS and MTS services are 'like' for the purposes of 47 U.S.C. § 202(a), particularly regarding customer perception of functional equivalency.
• Nueces Cnty. Navigation Dist. NO. 1 v. Interstate Commerce Comm'n
  674 F.2d 1055· 5th Cir.· 1982-05-06 ·cited 6×
  The court held that the Interstate Commerce Commission permissibly adopted a new "actual control" standard for determining rail rate discrimination, replacing the former "presumed common control" standard, and that the Commission acted within its discretion in vacating prior inco
• Jolly v. Listerman
  675 F.2d 1308· D.C. Cir.· 1982-04-23 ·cited 6×
  The court, by denying rehearing en banc, implicitly upheld a decision that resulted in the unlawful discharge of a whistleblowing civil servant.
• Frank and Wanita Melluzzo v. Watt
  674 F.2d 819· 9th Cir.· 1982-04-16 ·cited 6×
  The court held that the Board's determination that the Melluzzos did not locate their mining claims prior to the statutory cutoff date was supported by substantial evidence.
• Curtis, Inc. v. Interstate Commerce Comm'n & United States
  669 F.2d 648· 10th Cir.· 1982-01-29 ·cited 6×
  The court affirmed the ICC's decision, holding that petitioners failed to demonstrate a material adverse effect justifying a restriction on NCI's operating authority.
• B. Siegel Co. v. Nat'l Labor Relations Bd.
  670 F.2d 64· 6th Cir.· 1982-01-28 ·cited 6×
  The court held that the National Labor Relations Board did not abuse its discretion in certifying three separate single-store bargaining units, and thus the company's refusal to bargain violated the National Labor Relations Act.
• Am. Elec. Power Serv. Corp. v. Fed. Energy Regulatory Comm'n
  675 F.2d 1226· D.C. Cir.· 1982-01-22 ·cited 6×
  The court denied the petition for rehearing, clarifying that its prior opinion remanded the avoided cost rule for further explanation and did not invalidate it, nor did it mandate full evidentiary hearings for interconnections.
• Saulque v. United States & Cecil Andrus
  663 F.2d 968· 9th Cir.· 1981-12-14 ·cited 6×
  The court held that the denial of the Indian allotment application was proper because the land was unsuitable for agricultural purposes and the government was not estopped from denying the application due to unauthorized acts of its agents.
• Idessa Ross v. United States Postal Serv.
  664 F.2d 191· 8th Cir.· 1981-11-20 ·cited 6×
  The court held that the Merit Systems Protection Board's decision to remove the employee was supported by substantial evidence and complied with applicable procedures, and therefore, the decision would not be set aside.
• Montgomery Cnty. v. United States Env't Prot. Agency
  662 F.2d 1040· 4th Cir.· 1981-10-13 ·cited 6×
  The court held that the EPA administrator's designation of an aquifer was not arbitrary, capricious, or otherwise unlawful, and that procedural requirements were met.
• People OF the State OF Ill. v. United States & Interstate Commerce Comm'n
  668 F.2d 923· 7th Cir.· 1981-10-05 ·cited 6×
  The court held that the Interstate Commerce Commission's decision to permit abandonment of a railroad line was not erroneous as a matter of law, as the merger conditions did not legally prohibit abandonment and the ICC's factual findings were supported by substantial evidence.
• Diggin v. The United States
  661 F.2d 174· Ct. Cl.· 1981-09-23 ·cited 6×
  The court held that the agency's decision to demote the plaintiff was supported by substantial evidence and was not arbitrary or capricious, despite the supervisor's initial inflated performance rating.
• Grasso v. Internal Revenue Serv.
  657 F.2d 224· 8th Cir.· 1981-08-26 ·cited 6×
  The court held that the reassignment, which resulted in the loss of early retirement eligibility and a delay in promotion, did not constitute a reduction in pay appealable under 5 U.S.C. § 7512.