Arbitrary and Capricious

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

• Sierra Club & William O'Neil v. Marsh
  976 F.2d 763· 1st Cir.· 1992-09-30 ·cited 2×
  The court held that the district court did not err in considering supplemental affidavits to clarify the administrative record and that the final Environmental Impact Statement adequately addressed the secondary impacts of the port project under NEPA.
• ALM Corp. v. United States Env't Prot. Agency
  974 F.2d 380· 3d Cir.· 1992-09-02 ·cited 2×
  The court held that the certification documents required by 19 C.F.R. § 12.121(a) are 'reports, notices, or other information' under TSCA, and that the EPA has independent authority to enforce TSCA penalties for violations, even when Customs procedures also apply.
• Bradley Mining Co. v. U.S. Env't Prot. Agency
  972 F.2d 1356· D.C. Cir.· 1992-08-28 ·cited 2×
  The court held that the EPA acted reasonably in listing Bradley Mining Company's inactive mercury mine on the National Priorities List, as sufficient evidence supported the Agency's determination of an observed release into surface water.
• Int'l Fabricare Inst. for itself v. U.S. Env't Prot. Agency
  972 F.2d 384· D.C. Cir.· 1992-08-21 ·cited 2×
  The court held that the EPA adequately complied with notice and comment requirements and provided reasoned explanations for its regulations under the Safe Drinking Water Act, denying all challenges.
• Sequoia Orange Co. v. Yeutter
  973 F.2d 752· 9th Cir.· 1992-08-21 ·cited 2×
  The court held that the Secretary of Agriculture's change in referendum voting procedures for marketing order amendments was subject to the Administrative Procedure Act's notice and comment requirements.
• State OF Wyo. v. Alexander
  971 F.2d 531· 10th Cir.· 1992-07-27 ·cited 2×
  The court held that the Education Appeal Board's decision regarding the set aside requirements and the Fremont County supplanting issue were supported by substantial evidence and permissible interpretations of the VEA. However, the court remanded the Sheridan County grant issue d
• Usair, Inc. v. Dep't OF Transp.
  969 F.2d 1256· D.C. Cir.· 1992-07-24 ·cited 2×
  The court held that petitioners failed to exhaust administrative remedies regarding the timeliness of the DOT's decision and that the DOT's decision to award the route based on geographic balance was not arbitrary or capricious.
• Tenneco GAS v. Fed. Energy Regulatory Comm'n
  969 F.2d 1187· D.C. Cir.· 1992-07-21 ·cited 2×
  The court held that FERC's contemporaneous disclosure requirement for transportation information was reasonable, but its application to sales and marketing information lacked adequate justification and statutory authority.
• Arens v. The United States
  969 F.2d 1034· Fed. Cir.· 1992-07-08 ·cited 2×
  The court held that the Board for Correction of Military Records (BCMR) and the Claims Court misinterpreted and misapplied the regulation governing withdrawal of applications, and that the applicant should have been allowed to withdraw.
• Kotrosits v. Gatx Corp. Non-Contributory Pension Plan for Salaried Emps.
  970 F.2d 1165· 3d Cir.· 1992-07-06 ·cited 2×
  The court held that the Plan Administrator's denial of enhanced early retirement benefits was not an abuse of discretion, as the circumstances did not demonstrate a conflict of interest warranting de novo review.
• Warren v. State
  601 So. 2d 1252· Fla. 1st DCA· 1992-06-25 ·cited 2×
• United States v. Louisiana-Pacific Corp.
  967 F.2d 1372· 9th Cir.· 1992-06-24 ·cited 2×
  The court held that the Federal Trade Commission (FTC) did not act arbitrarily or capriciously in denying Louisiana-Pacific Corporation's (LP) petitions to reopen a consent order, and that LP's defenses against civil penalties were without merit.
• Meade v. Pension Appeals & Review Comm.
  966 F.2d 190· 6th Cir.· 1992-06-04 ·cited 2×
  The court held that a claim for benefits under ERISA § 1132(a)(1)(B) is subject to the analogous state statute of limitations for breach of contract, and that the plan's discretionary authority to deny benefits must be reviewed de novo unless the plan explicitly grants such discr
• Dvorak v. Metro. Life Ins. Co.
  965 F.2d 606· 8th Cir.· 1992-05-27 ·cited 2×
  The court held that the magistrate judge's finding that the nursing home care provided was principally custodial was clearly erroneous, and therefore the denial of benefits was improper.
• Lester Sutter (91-1419) v. Basf Corp.
  964 F.2d 556· 6th Cir.· 1992-05-18 ·cited 2×
  The court held that BASF provided adequate notice of its retirement plan terms and that its decisions regarding plan amendments and benefit calculations were permissible business decisions, not breaches of fiduciary duty.
• Beazer E., Inc. v. United States Env't Prot. Agency
  963 F.2d 603· 3d Cir.· 1992-05-12 ·cited 2×
  The court held that Beazer's aeration basins are surface impoundments, not tanks, because they do not provide sufficient structural support when removed from the ground, and thus are subject to RCRA groundwater monitoring requirements.
• MT. Diablo Hosp. v. Louis W. Sullivan, M.D.
  963 F.2d 1175· 9th Cir.· 1992-04-28 ·cited 2×
  The court held that the Secretary's method for calculating Medicare routine cost limits was not arbitrary and capricious, but hospitals are entitled to seek retroactive corrective adjustments for undercompensation due to the wage index's failure to account for part-time workers.
• Thomas v. Brennan
  961 F.2d 612· 7th Cir.· 1992-04-07 ·cited 2×
  The court held that the Commission's regulation improperly delayed the application of D.C. parole guidelines to the D.C. portion of a mixed sentence, but affirmed the Commission's departure from federal parole guidelines as not arbitrary or capricious.
• United States Info. Agency v. Fed. Labor Relations Auth.
  960 F.2d 165· D.C. Cir.· 1992-04-03 ·cited 2×
  The court held that the FLRA failed to provide a reasoned explanation for its application of § 704 of the CSRA and misconstrued the 'vitally affects' test, requiring a remand for further proceedings.
• Nw. Env't Def. Ctr. v. Brennen
  958 F.2d 930· 9th Cir.· 1992-03-11 ·cited 2×
  The court held that federal fishing regulations setting harvest limits for Oregon coastal coho salmon did not violate the Magnuson Act, NEPA, or CZMA, and that appellants lacked standing to challenge the composition of the Pacific Council on constitutional grounds.
• Flacche v. SUN Life Assurance Co. OF Canada (U.S.)
  958 F.2d 730· 6th Cir.· 1992-03-11 ·cited 2×
  The court held that Sun Life, as a non-fiduciary performing only ministerial functions, cannot be held liable under ERISA for breach of fiduciary duty or for extracontractual damages based on estoppel claims.
• Mo. Dep't OF Soc. Servs. v. Louis W. Sullivan, M.D.
  957 F.2d 542· 8th Cir.· 1992-02-21 ·cited 2×
  The court held that the Health Care Financing Administration (HCFA) reasonably determined that Missouri's Medicaid amendment constituted a significant change in methods or standards for setting payment rates, requiring prior notice.
• Energy Transp. Grp., Inc. v. Mar. Admin. & United States
  956 F.2d 1206· D.C. Cir.· 1992-02-21 ·cited 2×
  The court held that Energy Transportation Group (ETG) lacked standing to challenge the sale of tankers, as its appeals were moot or based on speculative harm, and the Maritime Administration acted within its discretion.
• Cmtys., Inc. v. Busey
  956 F.2d 619· 6th Cir.· 1992-02-13 ·cited 2×
  The court held that the FAA's approval of the Louisville Airport Improvement Plan (LAIP) was not arbitrary or capricious, and that the agency adequately considered environmental impacts and alternatives.
• United States v. Kincaid
  959 F.2d 54· 6th Cir.· 1992-02-10 ·cited 2×
  The court held that a district court's reasons for downward departure from the Federal Sentencing Guidelines must be stated at the time of sentencing and be sufficiently specific for meaningful appellate review.
• Sierra Club v. Davies
  955 F.2d 1188· 8th Cir.· 1992-02-05 ·cited 2×
  The court held that preliminary testing for commercial diamond mining does not constitute a conversion under the Land and Water Conservation Fund Act, but any further testing or actual mining would require compliance with the Act's substitution requirements.
• Akin v. Off. of Thrift Supervision Dep't of Treas.
  950 F.2d 1180· 5th Cir.· 1992-01-23 ·cited 2×
  The court held that the Office of Thrift Supervision director's cease and desist order requiring Akin to pay $19.5 million to restore a savings and loan's net worth deficiency was enforceable under 12 U.S.C. § 1818(b).
• McCARTHNEY v. Busey
  954 F.2d 1147· 6th Cir.· 1992-01-23 ·cited 2×
• State v. Health Care & Ret. Corp. OF Am.
  593 So. 2d 539· Fla. 1st DCA· 1992-01-17 ·cited 2×
  The Florida Department of Health and Rehabilitative Services appealed an administrative hearing officer's decision regarding Medicaid reimbursement instructions for nursing homes. The court affirmed the hearing officer's finding that HRS's interpretation of reimbursement instruct
• Edmundson v. C.A. Turner
  954 F.2d 510· 8th Cir.· 1992-01-16 ·cited 2×
  The court held that it has jurisdiction to review claims of double counting by the Parole Commission, even if it generally lacks jurisdiction to review substantive decisions.
• Yellow Freight Sys., Inc. v. Martin
  954 F.2d 353· 6th Cir.· 1992-01-16 ·cited 2×
  The court held that the Secretary of Labor violated Yellow Freight's due process rights by finding a violation of § 405(a) without providing adequate notice or an opportunity to be heard on that specific issue.
• Solite Corp. v. U.S. Env't Prot. Agency
  952 F.2d 473· D.C. Cir.· 1991-12-31 ·cited 2×
  The court held that the EPA's high volume criteria for Bevill Amendment exclusion are permissible and APA compliant, but remanded issues regarding lightweight aggregate residuals and Du Pont's chloride-ilmenite process wastes for further reasoning or notice.
• Erie Cnty. Geriatric Ctr. v. Louis W. Sullivan, M.D.
  952 F.2d 71· 3d Cir.· 1991-12-26 ·cited 2×
  The court held that the Secretary's approval of Pennsylvania's 1982 Medicaid plan amendment was arbitrary and capricious because the state's assurances of reasonable and adequate reimbursement were not substantiated, particularly concerning the 'rule of three' methodology for sma
• The Ohio Bell Tel. Co. (90-3146/3688) v. Fed. Commc'ns Comm'n
  949 F.2d 864· 6th Cir.· 1991-11-21 ·cited 2×
  The court held that the FCC's order requiring refunds for overearnings, without allowing for the offsetting of underearnings from other periods or subsidiaries, was arbitrary and capricious and inconsistent with its own rate of return policies.
• Mendoza v. Merit Sys. Prot. Bd.
  949 F.2d 391· Fed. Cir.· 1991-11-18 ·cited 2×
  The court held that the Merit Systems Protection Board (MSPB) abused its discretion by dismissing the appeal as untimely without considering the appellant's stated reasons for the delay.
• Ershick v. United Mo. Bank OF Kan. City, N.A.
  948 F.2d 660· 10th Cir.· 1991-11-04 ·cited 2×
  The court held that the district court did not err in finding that UMB, as a directed trustee, did not violate ERISA by following the administrator's directions to purchase and retain Greb X-Ray stock, as these actions were permitted by the ESOP and not contrary to ERISA.
• Francis E. Heydt Co. v. United States
  948 F.2d 672· 10th Cir.· 1991-11-04 ·cited 2×
  The court held that the district court abused its discretion by granting declaratory relief and awarding attorney fees under the EAJA because the equitable relief sought lacked significant prospective effect and the monetary claim belonged in the Claims Court.
• Wright v. U.S. Parole Comm'n
  948 F.2d 433· 8th Cir.· 1991-10-24 ·cited 2×
  The court should have reviewed the Parole Commission's decision for abuse of discretion, and Wright's due process rights were violated.
• O'Connor v. Cent. Va. U.F.C.W. & Subscribing Emp'rs Welf. Fund
  945 F.2d 799· 4th Cir.· 1991-09-30 ·cited 2×
  The court held that while trustees have discretion to interpret an ERISA plan, their denial of benefits for purely custodial care was reasonable, but the district court's order was ambiguous and required remand for clarification.
• Laborers' Int'l Union OF N. Am., AFL-CIO v. Nat'l Labor Relations Bd.
  945 F.2d 55· 2d Cir.· 1991-09-24 ·cited 2×
  The court held that an employer's investment in a union does not automatically render the employer's work preference coerced or tainted in a Section 10(k) determination, and thus the NLRB's decision to enforce its order against Local 104 was proper.
• Saracco v. Local Union 786 Bldg. Material Pension Fund
  942 F.2d 1213· 7th Cir.· 1991-09-16 ·cited 2×
  The court held that the pension fund trustees' interpretation of the plan, which required a participant to earn five pension credits specifically from Local 786 to repair a break in service, was not arbitrary and capricious.
• Williams Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  943 F.2d 1320· D.C. Cir.· 1991-09-06 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) failed to provide a reasoned explanation for its decision to retain an above-market incentive price for high-cost natural gas, particularly for post-NOPR wells, and for denying refunds for past overpayments.
• Stay, Inc. v. Cheney
  940 F.2d 1457· 11th Cir.· 1991-09-04 ·cited 2×
  Stay, Inc. challenged the Department of Defense's award of a security services contract to American Mutual Protective Bureau (AMPB), arguing that AMPB's bid was defective because its surety company failed to appoint agents for service of process in certain jurisdictions before bi
• Martin v. Occupational Safety & Health Review Comm'n
  941 F.2d 1051· 10th Cir.· 1991-08-05 ·cited 2×
  The court held that the Secretary's interpretation of 29 C.F.R. § 1910.1029(g)(3) requiring corrective action for respirator fit after atmospheric testing is reasonable and that CF & I had fair notice of this interpretation, thus constituting a violation.
• Pogue v. United States Dep't OF Labor
  940 F.2d 1287· 9th Cir.· 1991-08-05 ·cited 2×
  The court held that the Secretary of Labor's decision dismissing the employee's retaliation complaint was not supported by substantial evidence, particularly regarding the employer's burden to prove disciplinary actions would have occurred absent protected whistleblowing activity
• Env't Action, Inc. v. Fed. Energy Regulatory Comm'n
  939 F.2d 1057· D.C. Cir.· 1991-08-02 ·cited 2×
  The court held that the FERC's exclusion of Qualifying Facilities (QFs) and end users from access to firm transmission over PacifiCorp's system was not adequately reasoned and remanded those issues for further consideration. The court affirmed the FERC's decisions on other matter
• The Mountain States Tel. & Tel. Co. v. Fed. Commc'ns Comm'n & United States
  939 F.2d 1035· D.C. Cir.· 1991-07-23 ·cited 2×
  The FCC's decision to shift the burden of proof for recovering litigation, settlement, and judgment costs to telephone companies for all federal statutory violations, not just antitrust, was not adequately justified and lacked sufficient consideration of its effects, requiring re
• In re the Dep't OF Energy Stripper Well Exemption Litig. Oryx Energy Co. (Successor to Sun Oil Co. (Delaware)) v. United States Dep't OF Energy
  944 F.2d 918· Temp. Emer. Ct. App.· 1991-07-11 ·cited 2×
  The court held that the DOE was not estopped from seeking interest on overcharges and that DOE policy rates were the appropriate rates for calculating both prejudgment and post-judgment interest on deficiencies.
• Blackman v. Busey
  938 F.2d 659· 6th Cir.· 1991-07-10 ·cited 2×
  The court held that the National Transportation Safety Board's findings were supported by substantial evidence, and neither the Administrator's revocation of the pilot's certificate nor the emergency proceedings constituted an abuse of discretion, nor did they violate the pilot's
• Gosnell v. Fed. Deposit Ins. Corp.
  938 F.2d 372· 2d Cir.· 1991-07-10 ·cited 2×
  Disappointed bidders lack standing under FIRREA to challenge the FDIC's asset disposition decisions, as these decisions are granted broad discretion and do not fall within the zone of interests protected by the statute.