Arbitrary and Capricious

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

• Chem. Mfrs. Ass'n v. Env't Prot. Agency
  673 F.2d 507· D.C. Cir.· 1982-03-16 ·cited 4×
  The court held that the Environmental Protection Agency (EPA) had the statutory authority to include mining waste in its Criteria for classifying solid waste disposal facilities and that this authority could be exercised before completion of a required mining waste study.
• Stacey v. Harrison Combs
  671 F.2d 602· D.C. Cir.· 1982-02-19 ·cited 4×
  The court held that the Trustees acted arbitrarily and capriciously by applying a new resolution to deny pension benefits to a disabled retiree who had vested rights under the prior resolution.
• Mr. James Bowen v. Block
  667 F.2d 445· 4th Cir.· 1982-01-04 ·cited 4×
  The court held that the Secretary did not act arbitrarily or capriciously in imposing a one-year disqualification from the food stamp program, and the magistrate exceeded his authority in modifying the penalty.
• Collazo v. United States
  668 F.2d 60· 1st Cir.· 1981-12-21 ·cited 4×
  The court held that the district court's review of the administrative sanction under the arbitrary and capricious standard, even with factual issues regarding hardship, satisfied due process. The court also found that the district court did not err in applying this standard.
• Boles v. Onton Dock, Inc.
  659 F.2d 74· 6th Cir.· 1981-09-16 ·cited 4×
  The court held that the Army Corps of Engineers' decision not to require an Environmental Impact Statement was not arbitrary or capricious, and that notice and hearing requirements were met.
• Okla. Aerotronics, Inc. v. United States
  661 F.2d 976· D.C. Cir.· 1981-08-27 ·cited 4×
  The court held that the SBA committed egregious procedural errors in terminating OAI from the 8(a) program, requiring reversal of the district court's decision.
• Gibbons v. United States & Interstate Commerce Comm'n
  660 F.2d 225· 7th Cir.· 1981-08-26 ·cited 4×
  The Interstate Commerce Commission has the authority to set compensation for the temporary, permissive use of railroad lines, and its compensation orders were not arbitrary or capricious.
• Chico Antone v. Block
  661 F.2d 230· D.C. Cir.· 1981-08-10 ·cited 4×
  The court held that the Department of Agriculture's timetable for implementing food programs on Indian lands was supported by substantial evidence and thus valid, reversing the district court's decision to set it aside.
• Foote Mineral Co. v. The United States
  654 F.2d 81· Ct. Cl.· 1981-07-01 ·cited 4×
  The court held that the leases for sodium and potassium were invalid because the lands did not contain valuable deposits of those minerals, and therefore, the plaintiff was entitled to a refund of royalties paid on lithium extracted from the brine.
• Env't Def. Fund, Inc. v. Higginson
  655 F.2d 1244· D.C. Cir.· 1981-05-15 ·cited 4×
  The court held that while the Department of the Interior can change its position on preparing a comprehensive environmental impact statement, its new decision is subject to arbitrary and capricious review, requiring remand.
• Monongahela Power Co. v. Fed. Commc'ns Comm'n & United States
  655 F.2d 1254· D.C. Cir.· 1981-05-15 ·cited 4×
  The court upheld the FCC's orders regarding pole attachment rates, specifically affirming the FCC's determination of usable space, preference for historical costs, and authority to apply regulations prospectively to pre-existing contracts.
• Glover v. S. Cent. Bell Tel. Co.
  644 F.2d 1155· 5th Cir.· 1981-05-14 ·cited 4×
  The court held that the employer's benefit committee's denial of total disability benefits was supported by credible evidence and not arbitrary, capricious, or in bad faith, and that the offset of workmen's compensation benefits was contractually authorized.
• Sys. Fuels, Inc. v. The United States & The Interstate Commerce Comm'n
  642 F.2d 112· 5th Cir.· 1981-04-08 ·cited 4×
  The court held that the Interstate Commerce Commission's automatic allowance of a differential pricing additive to a rail rate, without specific analysis or consideration of public interest factors, was arbitrary and not in accordance with law.
• Gruendyke v. The United States
  639 F.2d 745· Ct. Cl.· 1981-01-14 ·cited 4×
  The court held that the Air Force Board for Correction of Military Records' denial of the plaintiff's request to void officer effectiveness reports was not arbitrary, capricious, unsupported by substantial evidence, or contrary to law.
• Interpool Ltd. v. Fed. Mar. Comm'n & United States
  663 F.2d 142· D.C. Cir.· 1980-11-18 ·cited 4×
  The court held that the Federal Maritime Commission (FMC) misapplied the legal standard by failing to consider the competitive effects of tariff amendments, even if they were facially routine implementations of existing agreements.
• Elec. Indus. Ass'n Consumer Elecs. Grp. v. Fed. Commc'ns Comm'n & United States
  636 F.2d 689· D.C. Cir.· 1980-09-17 ·cited 4×
  The dissent argues the FCC has the authority under the All-Channel Receiver Act to impose a 12-decibel noise level standard for UHF tuners. The standard is considered a reasonable exercise of this authority to promote technological development and achieve UHF/VHF parity.
• Iron Arrow Honor Soc'y v. Hufstedler
  499 F. Supp. 496· S.D. Fla.· 1980-08-12 ·cited 4×
  The court held that the H.E.W. regulation prohibiting federal funding recipients from providing significant assistance to discriminatory organizations was a valid interpretation of Title IX and applied to the University of Miami's relationship with the male-only Iron Arrow Honor
• Nat'l Labor Relations Bd. v. A. G. Parrott Co.
  630 F.2d 212· 4th Cir.· 1980-08-04 ·cited 4×
  The court held that the Board did not abuse its administrative discretion in voiding a signed ballot, even though the voter's identity was not revealed, because the rule against signed ballots serves to prevent voters from identifying their votes.
• Gray Panthers v. Adm'r, Health Care Fin. Admin., Dep't of Health & Human Servs.
  629 F.2d 180· D.C. Cir.· 1980-07-29 ·cited 4×
  The court should affirm the Secretary's deeming regulations in 209(b) states as they are not arbitrary or capricious.
• Lily G. Harvey & Rosenthal & Co. v. Seevers
  626 F.2d 27· 7th Cir.· 1980-07-14 ·cited 4×
  The court held that the appeal should be dismissed as moot because the hearings had already occurred, and even if not moot, the plaintiffs failed to exhaust administrative remedies.
• Cities Serv. GAS Co. v. Fed. Energy Regulatory Comm'n
  627 F.2d 1027· 10th Cir.· 1980-07-07 ·cited 4×
  The court held that the Federal Energy Regulatory Commission's (FERC) exclusion of Cities Service Gas Company's unrecovered purchased gas costs from its rate base was arbitrary and unlawful.
• Vaughan v. Metal Lathers' Local 46 Pension Fund
  626 F.2d 237· 2d Cir.· 1980-06-25 ·cited 4×
  The court affirmed the district court's decision, finding that the application of the pension plan's 'two credit' amendment to Fraser was not arbitrary and capricious.
• Jorden Hodgins v. Cent. States Se. & Sw. Areas Pension Fund
  624 F.2d 760· 6th Cir.· 1980-06-24 ·cited 4×
  The court held that the Fund's denial of pension benefits was arbitrary and capricious because the plaintiff was not notified of his reclassification as a supervisor and the resulting break in service.
• Diamond Int'l Corp. v. Fed. Commc'ns Comm'n & United States
  627 F.2d 489· D.C. Cir.· 1980-06-12 ·cited 4×
  The court held that the FCC acted within its statutory authority and its conclusions were not arbitrary or unlawful in determining that charges for PBX modifications were properly included in a state tariff, not an interstate one.
• Pub. Util. Dist. NO. 1 OF Franklin Cnty. v. BIG Bend Elec. Coop., Inc.
  618 F.2d 601· 9th Cir.· 1980-05-12 ·cited 4×
  A public utility district cannot condemn property of a federally subsidized utility if it interferes with federal purposes, and REA approval is required for such transfers and was withheld.
• Donnie A. Ward v. Campbell
  610 F.2d 231· 5th Cir.· 1980-01-21 ·cited 4×
  The court held that the Civil Service Commission's classification decision was not arbitrary or capricious, and the lower court erred in reversing it.
• Soderback v. Admiral Owen W. Siler
  610 F.2d 643· 9th Cir.· 1979-12-06 ·cited 4×
  The court held that the denial of merchant mariner licenses did not violate due process and was not arbitrary or capricious, as the appellant failed to demonstrate a deprivation of a liberty interest and the Coast Guard had a rational basis for its decisions.
• Springfield Television Corp. v. Fed. Commc'ns Comm'n & United States
  609 F.2d 1014· 1st Cir.· 1979-11-29 ·cited 4×
  The court affirmed the FCC's order, holding that the Commission reasonably concluded that 2.5 hours of network exclusivity was sufficient for cable systems broadcasting baseball games and that prior rulings precluded relitigating the 'local' designation of certain television stat
• Perkins v. Bergland
  608 F.2d 803· 9th Cir.· 1979-11-21 ·cited 4×
  The court held that while grazing permit reductions are generally reviewable under FLPMA, the scope of review is limited to whether the agency's factual findings regarding range conditions and carrying capacity are arbitrary and capricious.
• Ludlow Corp. v. Sec. & Exch. Comm'n
  604 F.2d 704· D.C. Cir.· 1979-08-09 ·cited 4×
  The court held that an SEC order approving an application for unlisted trading privileges is a final order subject to judicial review, and that substantial evidence supported the SEC's finding that such privileges were consistent with fair and orderly markets and investor protect
• Monroe M. Tapper & Assocs. v. The United States
  602 F.2d 311· Ct. Cl.· 1979-07-18 ·cited 4×
  The court held that the contract's specific section on site utilities clearly permitted backfilling with earth, and other sections requiring gravel did not apply to utility trenches, thus the contract was not patently ambiguous.
• Thompson v. Schmidt
  601 F.2d 305· 7th Cir.· 1979-06-26 ·cited 4×
  The court held that the 'all-or-nothing' grading procedure for Part II of the real estate broker's examination was not arbitrary or capricious and did not violate due process.
• Mont. Power Co. v. Fed. Energy Regulatory Comm'n
  599 F.2d 295· 9th Cir.· 1979-06-22 ·cited 4×
  The court held that the Federal Power Commission did not abuse its discretion in requiring a utility to include only the depreciated original cost of an acquired transmission line in its rate base, despite the utility's higher acquisition cost.
• Greyhound Lines, Inc. v. The United States & the Interstate Commerce Comm'n
  600 F.2d 999· D.C. Cir.· 1979-06-15 ·cited 4×
  The court held that the ICC's decisions granting and reaffirming Latin Express's application lacked substantial evidentiary support due to the Commission's failure to investigate serious allegations of misconduct and financial fitness.
• Lou Malis v. Hills
  588 F.2d 545· 6th Cir.· 1978-12-07 ·cited 4×
  The court held that HUD's policy of requiring vendor payments from ADC benefits for housing rehabilitation loans was within the Secretary's statutory authority and did not violate equal protection or due process.
• Lake Berryessa Tenants' Council v. United States
  588 F.2d 267· 9th Cir.· 1978-11-30 ·cited 4×
  The court held that the government's order to remove privately-owned docks and houseboats from Lake Berryessa was not an unconstitutional taking, nor was it subject to estoppel, arbitrary agency action, or NEPA requirements.
• Willis Shaw Frozen Express, Inc. v. Interstate Commerce Comm'n & United States
  587 F.2d 1333· D.C. Cir.· 1978-11-02 ·cited 4×
  The court held that the Interstate Commerce Commission provided a rational basis supported by substantial evidence for partially denying Shaw's application for common carrier authority and properly refused to take official notice of Shaw's temporary authority.
• Quincy Clyde Turner v. Campbell
  581 F.2d 547· 5th Cir.· 1978-10-06 ·cited 4×
  The court held that the administrative discharge was not a violation of procedural due process and the denial of reopening was not arbitrary or capricious.
• Captain David A. Karlin v. The Honorable Thomas C. Reed
  584 F.2d 365· 10th Cir.· 1978-09-27 ·cited 4×
  The court held that the trial court erred in applying the 'basis in fact' test to military personnel decisions, and that the military's decision to deny an exemption had a sufficient basis and was not arbitrary or irrational.
• Sabin v. Berglund
  585 F.2d 955· 10th Cir.· 1978-09-13 ·cited 4×
  The court held that the Forest Service's denial of a special use permit for ski instruction, based on a 'single permittee' policy, was within the scope of the Secretary's broad authority and did not violate antitrust laws, as the agency acted under a federal regulatory scheme.
• Crosthwait v. Fed. Commc'ns Comm'n
  584 F.2d 550· D.C. Cir.· 1978-08-29 ·cited 4×
  The court held that the FCC's denial of reconsideration was improper due to subsequent events and that the case should be remanded for the FCC to consider Folkways' post-decisional amendment in light of its precedent.
• Pub. Serv. Co. OF Ind., Inc. v. Fed. Energy Regulatory Comm'n
  584 F.2d 1084· D.C. Cir.· 1978-08-22 ·cited 4×
  The court held that the Commission acted arbitrarily by rejecting Public Service's rate filing based on an interpretation of its regulations that had not been clearly communicated and was contrary to its established practice.
• Ferrara v. The Hendry Cnty. Sch. Bd.
  362 So. 2d 371· Fla. 2d DCA· 1978-08-16 ·cited 4×
  A high school student challenged his suspension for refusing to shave a visible mustache in violation of a school dress code. The court held that the constitutional right to wear facial hair does not rise to the level of a fundamental liberty and that school dress codes need only
• Inland OIL & Transp. Co. v. Brock Adams (previously William T. Coleman
  575 F.2d 184· 8th Cir.· 1978-04-24 ·cited 4×
  The court held that the plaintiff's claims became moot after the barges were certified and sold to third parties, rendering the controversy with the federal defendants nonexistent and the controversy with the builder pending elsewhere.
• Ward Trucking Corp. v. The United States & the Interstate Commerce Comm'n
  574 F.2d 168· 3d Cir.· 1978-03-22 ·cited 4×
  The court held that Ward Trucking Co. should have been allowed to reopen the Interstate Commerce Commission proceedings to present evidence after the Commission deleted a previously agreed-upon restriction.
• The NEW Jersey Coal. FOR Fair Broad. v. Fed. Commc'ns Comm'n & the United States
  574 F.2d 1119· 3d Cir.· 1978-03-22 ·cited 4×
  The court held that the FCC's determination that New Jersey's television service allocation did not violate section 307(b) was not arbitrary, capricious, or an abuse of discretion, and that the imposed special service obligation was a reasonable remedy.
• Wste-Tv, Inc. v. Fed. Commc'ns Comm'n
  566 F.2d 333· D.C. Cir.· 1977-10-21 ·cited 4×
  The court affirmed the FCC's denial of a waiver for technical rule violations but remanded the case for consideration of a UHF translator application, finding the FCC's rejection of the supplement insufficient.
• Pennzoil Offshore GAS Operators, Inc. v. Fed. Power Comm'n
  560 F.2d 1217· 5th Cir.· 1977-10-12 ·cited 4×
  The court held that the Commission's rejection of petitioners' amended rate filing notices was proper and its refund orders were not arbitrary and capricious.
• N.D. State Wheat Comm'n & N.D. Pub. Serv. Comm'n v. United States & Interstate Commerce Comm'n
  565 F.2d 621· 8th Cir.· 1977-09-30 ·cited 4×
  The court held that the Interstate Commerce Commission erred by approving rail rate increases without adequately considering the carriers' failure to restore services that had been curtailed when seasonal rate differentials were established.
• Young v. Brashears
  560 F.2d 1337· 7th Cir.· 1977-08-23 ·cited 4×
  The court held that the plaintiff possessed a property interest in his position as Clinical Director, protected by the Due Process Clause, and that the Commission's decision to terminate him was arbitrary and capricious, lacking support in the record.