-
774 F.2d 1437·
9th Cir.·
1985-10-28
·cited 4×
The court held that the EPA's approval of both Nevada's and California's state implementation plans for the Lake Tahoe Basin was not arbitrary or capricious and must be upheld.
-
774 F.2d 1401·
9th Cir.·
1985-10-25
·cited 4×
The court held that the district court did not err in finding that the pension plan's 15-year vesting requirement violated Section 302(c)(5) of the Labor Management Relations Act due to an excessively high exclusion rate, and that the trustees failed to justify the requirement's
-
771 F.2d 174·
6th Cir.·
1985-08-30
·cited 4×
The court held that the Economic Development Administration (EDA) failed to properly consider the requirement that a funded project must fulfill a pressing need and failed to adequately assess existing capacity under Section 702 of the Public Works and Economic Development Act of
-
769 F.2d 1114·
6th Cir.·
1985-08-13
·cited 4×
-
770 F.2d 106·
8th Cir.·
1985-08-08
·cited 4×
A multi-employer pension fund has the authority under its governing documents to reject employer payments that threaten its actuarial soundness, and such a decision, made in good faith, is binding.
-
768 F.2d 1210·
10th Cir.·
1985-07-29
·cited 4×
The court held that the appeal was timely filed and that the Interstate Commerce Commission's decision granting SRTC operating authority was supported by substantial evidence and not arbitrary or capricious.
-
768 F.2d 385·
D.C. Cir.·
1985-07-26
·cited 4×
The court held that the EPA's decision to grant a waiver for Petrocoal was arbitrary and capricious because the agency lacked a rational basis for concluding the fuel would not cause or contribute to emission control failures over a vehicle's useful life, and the record did not s
-
765 F.2d 1516·
11th Cir.·
1985-07-23
·cited 4×
The court affirmed the Interstate Commerce Commission's decision to approve railroad finance applications and abandonments, finding the decision was supported by substantial evidence and not an abuse of discretion.
-
768 F.2d 259·
8th Cir.·
1985-07-17
·cited 4×
The court held that a dispute over increasing pension benefit levels is a matter of 'administration' and is arbitrable under the Trust Agreement, reversing the lower court's decision.
-
765 F.2d 1178·
D.C. Cir.·
1985-07-09
·cited 4×
The court held that the Department of Labor's amended regulation concerning minimum piece rates for foreign agricultural workers was invalid because the agency failed to provide a reasoned explanation for the change, particularly regarding how the new regulation allowed increased
-
765 F.2d 383·
2d Cir.·
1985-06-24
·cited 4×
The court held that the Provider Reimbursement Review Board's disallowance of lease costs was supported by substantial evidence and that the "grossing up" method for physical therapy costs was reasonable.
-
761 F.2d 1187·
6th Cir.·
1985-05-17
·cited 4×
The court held that the Secretary's disapproval of Ohio's Medicaid plan amendment was not supported by substantial evidence and vacated the decision, remanding for further proceedings to allow Ohio to demonstrate that its proposed services fall within the definition of 'medical a
-
759 F.2d 1518·
11th Cir.·
1985-05-08
·cited 4×
The court held that the denial of severance pay to employees transferred to a purchasing corporation was not arbitrary and capricious under ERISA, even if the employees lost seniority and vacation benefits.
-
757 F.2d 1567·
5th Cir.·
1985-04-22
·cited 4×
The court held that the hospital's denial of medical staff membership did not violate the applicant's constitutional rights to procedural or substantive due process.
-
759 F.2d 548·
6th Cir.·
1985-04-17
·cited 4×
The court held that the EPA's disapproval of Kentucky's State Implementation Plan and imposition of a construction moratorium were lawful and within the Administrator's authority, and that the issues raised by petitioners were either not properly before the court due to missed fi
-
755 F.2d 1292·
7th Cir.·
1985-02-27
·cited 4×
-
755 F.2d 509·
6th Cir.·
1985-02-26
·cited 4×
Federal courts cannot review substantive provisions of a pension plan for reasonableness, but can review the administration of the fund for arbitrary or capricious actions.
-
754 F.2d 446·
2d Cir.·
1985-01-25
·cited 4×
An amendment to a conservation easement acquired with federal funds, allowing expansion of a golf course, constitutes a conversion to 'other than public outdoor recreation uses' requiring the Secretary of the Interior's approval, even if the expanded facility is public.
-
751 F.2d 1280·
D.C. Cir.·
1985-01-18
·cited 4×
The court held that the Interstate Commerce Commission (ICC) cannot infer fitness and willingness to transport bulk commodities based solely on an applicant's general authority and statements of intent.
-
750 F.2d 226·
2d Cir.·
1984-12-17
·cited 4×
The court held that the FCC acted within its statutory authority in setting interim rates and that the IRCs were barred from raising certain arguments not previously presented to the FCC.
-
748 F.2d 1006·
5th Cir.·
1984-12-17
·cited 4×
The court held that the ICC's decision to grant abandonment was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
-
754 F.2d 896·
11th Cir.·
1984-11-06
·cited 4×
Challenges to the Secretary's modification of Medicare reimbursement procedures are barred by section 405(h) of the Medicare Act, precluding district court jurisdiction until administrative remedies are exhausted.
-
745 F.2d 705·
D.C. Cir.·
1984-10-12
·cited 4×
The court held that the Federal Labor Relations Authority's determination that a congressional conference report constituted 'outside authority' mandating nonnegotiability was not arbitrary or capricious, thus affirming the decision.
-
744 F.2d 827·
D.C. Cir.·
1984-09-21
·cited 4×
The court held that the FCC rationally weighed competing policies and its decision to halt WNYC's nighttime interference with WCCO was not arbitrary or capricious.
-
747 F.2d 179·
4th Cir.·
1984-09-17
·cited 4×
The court held that the Interstate Commerce Commission (ICC) had the authority to reconsider its prior order and that its final decision authorizing bus service discontinuation was supported by substantial evidence and not arbitrary or capricious.
-
744 F.2d 32·
6th Cir.·
1984-09-14
·cited 4×
The court held that it lacked jurisdiction to directly review the state's petition, but the district court had jurisdiction to review the disallowance, and affirmed the district court's decision upholding the agency's interpretation of its regulation.
-
736 F.2d 317·
6th Cir.·
1984-06-18
·cited 4×
Res judicata did not apply because there was insufficient evidence of privity between the two union locals, and the timing of the decisions was incorrect. However, the union's claims under 39 U.S.C. § 1005(f) and the Due Process Clause were ultimately without merit.
-
733 F.2d 1·
1st Cir.·
1984-04-26
·cited 4×
The court held that the Corps of Engineers' decision to grant a permit for wetland filling, based on an Environmental Assessment finding no significant adverse environmental impact, was not arbitrary or capricious.
-
725 F.2d 1237·
9th Cir.·
1984-02-14
·cited 4×
The court held that the inorganic arsenic standard requires employers to compensate employees for time and associated costs for medical examinations scheduled outside working hours, and that the violation was serious.
-
726 F.2d 284·
6th Cir.·
1984-02-01
·cited 4×
The court held that the plaintiff's complaint stated a claim under 42 U.S.C. § 1983, as the village officials' actions in denying a license based on arbitrary opposition to the business could constitute a deprivation of a liberty interest.
-
725 F.2d 1442·
D.C. Cir.·
1984-01-24
·cited 4×
The court held that the Interstate Commerce Commission's (ICC) new regulations allowing motor carriers to allocate higher platform handling costs to smaller shipments were valid, affirming the ICC's decision.
-
725 F.2d 555·
10th Cir.·
1984-01-12
·cited 4×
The court held that HUD's regulations allowing grant applicants to assume environmental review responsibilities under NEPA were valid, and that the City of Stilwell substantially complied with procedural requirements for approving a UDAG grant.
-
721 F.2d 1165·
9th Cir.·
1983-12-15
·cited 4×
The court held that the Merit Systems Protection Board may not presume a nexus between off-duty misconduct and agency performance, even in egregious cases, as this impermissibly shifts the burden of proof to the employee.
-
721 F.2d 1054·
6th Cir.·
1983-11-28
·cited 4×
The court concurred that while the oral reply hearing might have been perfunctory, the employee's own conduct foreclosed any firm conclusion to that effect, thus justifying the agency's action.
-
717 F.2d 963·
6th Cir.·
1983-09-19
·cited 4×
The court denied the petition for rehearing en banc, finding the appellant's counsel had shifted their arguments regarding the scope of appellate review.
-
717 F.2d 1402·
D.C. Cir.·
1983-09-13
·cited 4×
The court held that the MSPB's denial of attorney fees was arbitrary and capricious because it failed to consider the agency's duty to investigate exonerating facts presented by the employee.
-
715 F.2d 360·
7th Cir.·
1983-08-24
·cited 4×
The court held that it has jurisdiction to review the ICC order because it denied more than just reparations, and affirmed the ICC's decision that the tariff restriction precluded Humko from using a combination rate.
-
713 F.2d 305·
7th Cir.·
1983-07-25
·cited 4×
The court held that the ICC's denial of the petition to reopen the merger proceeding was not arbitrary or capricious, and therefore the petition for review is denied.
-
709 F.2d 999·
5th Cir.·
1983-07-22
·cited 4×
The court held that the Secretary of Health and Human Services may exclusively rely on regulations to determine when it is inequitable to deem parental income to a child for SSI benefits, and a case-by-case adjudication is not required.
-
712 F.2d 584·
D.C. Cir.·
1983-07-05
·cited 4×
The court held that the Secretary of the Interior's five-year offshore oil and gas leasing program, as revised, now conforms with the Outer Continental Shelf Lands Act's requirements, rectifying earlier errors.
-
710 F.2d 490·
8th Cir.·
1983-06-30
·cited 4×
The court affirmed the district court's judgment, holding that its findings of fact were not clearly erroneous and that the employer acted reasonably in terminating disability benefits.
-
708 F.2d 789·
D.C. Cir.·
1983-06-03
·cited 4×
The court held that notice and an opportunity to submit written comments constitute sufficient due process before closing homeless shelters, but vacated the lower court's ruling on judicial reviewability as unripe.
-
701 F.2d 784·
9th Cir.·
1983-03-15
·cited 4×
The court held that the Secretary of Transportation acted arbitrarily in his Section 4(f) determination by failing to consider all feasible and prudent alternatives, specifically the potential for federal funding for the bridge's preservation or rehabilitation.
-
694 F.2d 1310·
D.C. Cir.·
1982-12-10
·cited 4×
The court held that the Public Rangelands Improvement Act of 1978, as amended, allows the Bureau of Land Management to act on available information and supersedes the grounds for the injunction, thus permitting independent review of the District Court's interpretation.
-
693 F.2d 274·
2d Cir.·
1982-11-19
·cited 4×
The court held that the one-year disqualification for selling ineligible items was authorized under the Secretary's regulations, reversing the district court's reduction of the penalty.
-
688 F.2d 529·
7th Cir.·
1982-09-15
·cited 4×
Federal community development block grant funds can be used for a city's commercial redevelopment project, even if relocation housing in the immediate neighborhood is unavailable, provided the application complies with statutory requirements.
-
681 F.2d 1053·
5th Cir.·
1982-08-06
·cited 4×
The court held that the district court's judgment was vacated because it failed to adequately determine whether the employee's claim was governed by ERISA or state law, and lacked sufficient findings of fact and conclusions of law.
-
684 F.2d 843·
Ct. Cl.·
1982-06-30
·cited 4×
The court held that a contracting officer's refusal to substitute subcontractors was arbitrary and capricious, and that the exculpatory clause did not preclude recovery for such arbitrary actions.
-
674 F.2d 641·
7th Cir.·
1982-04-05
·cited 4×
The court held that the SEC's order approving the CBOE rule change was conclusory and lacked sufficient reasoned analysis, particularly regarding its impact on competition and potential discrimination among dealers.
-
413 So. 2d 84·
Fla. 5th DCA·
1982-03-31
·cited 4×
The City of Winter Springs sought to reverse a summary judgment that invalidated a referendum election on a zoning ordinance change. The Fifth District Court of Appeal reversed, holding that a municipal referendum on zoning does not violate due process or constitute an improper d