Arbitrary and Capricious

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

• Fleming v. W. Conf. OF Teamsters Pension Tr. Fund
  803 F.2d 441· 9th Cir.· 1986-10-23 ·cited 2×
  The court held that the pension fund's denial of prior service credits was not arbitrary, capricious, or erroneous on a question of law.
• City OF Detroit v. State OF Mich.
  803 F.2d 1411· 6th Cir.· 1986-10-21 ·cited 2×
  The court held that Michigan's Revenue Bond Act of 1933 permits the City of Detroit to charge the Wayne County Road Commission for storm water treatment services rendered by the City's sewer system.
• San Luis Obispo Mothers for Peace v. U.S. Nuclear Regulatory Comm.
  804 F.2d 523· 9th Cir.· 1986-09-30 ·cited 2×
  The court held that the NRC's determination that reracking spent fuel pools did not involve a significant hazards consideration was not arbitrary, capricious, or contrary to law.
• Miami Gen. Hosp. v. Bowen
  652 F. Supp. 812· S.D. Fla.· 1986-09-16 ·cited 2×
  The court held that a defendant's motion to dismiss based on mootness should be denied when the regulation being challenged has already been invalidated, and that a plaintiff's claim should be dismissed for lack of subject matter jurisdiction when they fail to meet statutory prer
• Shane Meat Co., Inc. v. United States Dep't OF Def. & Def. Logistics Agency
  800 F.2d 334· 3d Cir.· 1986-09-08 ·cited 2×
  The court held that the district court exceeded its authority by substituting its judgment for the agency's in reviewing the debarment decision.
• Captain David Rabren & Tampa Tri-County Pilots Ass'n v. Bd. OF Pilot Comm'rs & Dep't of Prof'l Reg.
  497 So. 2d 1245· Fla. 1st DCA· 1986-08-27 ·cited 2×
  The court reversed an administrative ruling upholding Florida Administrative Code Rule 21SS-8.10, which required state pilots on vessels underway in Florida navigable waters except during docking/undocking. The court held the rule exceeded the Board's delegated authority because
• Kyung Woon Choi v. United States Immigr. & Naturalization Serv.
  798 F.2d 1189· 8th Cir.· 1986-08-20 ·cited 2×
  The court held that the INS erred in denying the extension of treaty investor status because it failed to consider all relevant facts and changed its reasoning without notice.
• Drug & Toilet Preparation Traffic Conf., Inc. v. United States & Interstate Commerce Comm'n
  797 F.2d 1054· D.C. Cir.· 1986-08-12 ·cited 2×
  The court upheld the Interstate Commerce Commission's approval of a proposal allowing bus carriers to transport windshields and window glass without assuming liability for loss or damage, finding the "zero released valuation" reasonable under the statute.
• ST. Elizabeth Hosp., Inc. v. Bowen
  797 F.2d 449· 7th Cir.· 1986-07-28 ·cited 2×
  The court held that the Secretary's decision classifying the concentrated care unit as routine care was supported by substantial evidence, but remanded the issue of investment income offset for further consideration.
• Pancho Villa Rest., Inc. v. United States Dep't OF Labor
  796 F.2d 596· 2d Cir.· 1986-07-21 ·cited 2×
  The court held that the Secretary of Labor did not act arbitrarily in denying alien labor certifications because the restaurant failed to adequately document its need for experienced cooks and its inability to train inexperienced ones.
• Eddington v. Cmta-Independent Tool & DIE Craftsmen Pension Tr.
  794 F.2d 1383· 9th Cir.· 1986-07-18 ·cited 2×
  The court held that the pension plan trustees did not act arbitrarily and capriciously in adopting or applying the break-in-employment rule, and that the employee's last break-in-employment was not involuntary.
• Prager v. Hodel
  793 F.2d 730· 5th Cir.· 1986-07-09 ·cited 2×
  The court held that the Secretary adequately considered the economic feasibility of reclamation when declining to designate the Camp Swift area as unsuitable for surface coal mining.
• BIG Horn Coal Co. v. Edward Temple & Dir.
  793 F.2d 1165· 10th Cir.· 1986-06-16 ·cited 2×
  A party is barred from collaterally challenging the procedural validity of an agency rule after the statutory time limit for review has expired, absent exceptional circumstances like constitutional infirmity or exceeding statutory authority.
• Nat'l Audubon Soc'y v. Hester
  801 F.2d 405· D.C. Cir.· 1986-06-10 ·cited 2×
  The court held that the U.S. Fish & Wildlife Service's decision to capture the remaining wild California condors was a reasoned exercise of discretion, adequately explained, and not arbitrary or capricious.
• Lineas Aereas del Caribe, S.A. v. Dep't OF Transp.
  791 F.2d 972· D.C. Cir.· 1986-06-03 ·cited 2×
  The court held that the FAA's exemption criteria and deadlines for aircraft noise regulations were rational and reasonably implemented the agency's mandate, affirming the agency's decisions.
• United States v. Prince Hall Vill., Inc.
  789 F.2d 597· 7th Cir.· 1986-04-29 ·cited 2×
  The court held that HUD's decision to foreclose was not arbitrary or capricious, affirming the district court's grant of summary judgment.
• Beaufort Cnty. Broad. Co. v. Fed. Commc'ns Comm'n
  787 F.2d 645· D.C. Cir.· 1986-04-11 ·cited 2×
  The court held that the FCC properly denied the petitioner's motions for an evidentiary hearing and amendment of its application, and that the FCC rationally applied its policies regarding community designations for broadcast licenses.
• Manhattan Tankers, Inc. v. Dole
  787 F.2d 667· D.C. Cir.· 1986-04-11 ·cited 2×
  The court held that existing competitors in the coastwise trade are not entitled to participate in appraisal proceedings under the Wrecked Vessels Statute, and the Coast Guard's decision to enroll the vessel was sufficiently reasoned and supported by the record.
• Wronke v. Marsh
  787 F.2d 1569· Fed. Cir.· 1986-04-04 ·cited 2×
  The district court erred in interpreting Army Regulation 135-175, and its judgment ordering reinstatement of the officer is reversed.
• Smith v. Marsh
  787 F.2d 510· 10th Cir.· 1986-03-26 ·cited 2×
  The court held that the claim challenging the Army Board for Correction of Military Records' decision accrued at the time of that decision, making it timely.
• United States v. Albertini
  783 F.2d 1484· 9th Cir.· 1986-03-06 ·cited 2×
  The court held that the application of a military base bar letter, even if inconsistently enforced or issued without a prior hearing, was not so patently arbitrary as to violate due process.
• Dougherty v. U.S. Navy Bd. for Corr. of Naval Records
  784 F.2d 499· 3d Cir.· 1986-03-03 ·cited 2×
  The six-year statute of limitations for challenging a Navy Board for Correction of Naval Records decision does not begin to run until the Board issues its final decision.
• State OF Ohio v. United States Env't Prot. Agency
  784 F.2d 224· 6th Cir.· 1986-02-26 ·cited 2×
• Ill. State Chamber OF Commerce v. United States Env't Prot. Agency
  775 F.2d 1141· 7th Cir.· 1985-11-04 ·cited 2×
  The court held that the EPA's denial of Illinois' request to redesignate Kane and Du Page Counties from nonattainment to attainment status for ozone was arbitrary and capricious because EPA failed to provide a reasoned explanation for its decision, which appeared inconsistent wit
• Morgan v. Off. OF Pers. Mgmt.
  773 F.2d 282· Fed. Cir.· 1985-09-05 ·cited 2×
  Temporary performance of supervisory duties does not constitute a transfer to a supervisory position for the purpose of early retirement eligibility under 5 U.S.C. § 8336(c).
• Nat'l Ass'n OF Gov't Emps. v. Fed. Labor Relations Auth.
  770 F.2d 1223· D.C. Cir.· 1985-09-03 ·cited 2×
  The court held that the Authority's reasoning for dismissing the claim regarding threats of disciplinary action for excessive union time was flawed, but remanded for further consideration.
• Colo. Dep't OF Soc. Servs. v. The Dep't OF Health & Human Servs.
  771 F.2d 1422· 10th Cir.· 1985-08-30 ·cited 2×
  The court held that the Department of Health and Human Services Departmental Grant Appeals Board acted within its authority by imposing a 12-month time limit on continued federal funding during state administrative and judicial review of decertification decisions.
• Robinson v. Dep't of Transp.
  769 F.2d 1556· Fed. Cir.· 1985-07-31 ·cited 2×
  The court affirmed the Merit Systems Protection Board's decisions sustaining the removal of employees for participating in an illegal strike and unauthorized absence, finding the appeal frivolous.
• Britt v. Schenk
  769 F.2d 84· 2d Cir.· 1985-07-30 ·cited 2×
  The court should affirm the district court's injunction preventing the Corps from removing the Route 18 bridge until local assurances of replacement are received.
• Dep't OF Natural Res. v. Sailfish Club OF Fla., Inc.
  473 So. 2d 261· Fla. 1st DCA· 1985-07-23 ·cited 2×
  The Department of Natural Resources appealed an administrative hearing officer's determination that two Florida Administrative Code rules governing sovereignty submerged lands management were invalid exercises of delegated legislative authority. The court reversed, holding that b
• Cities OF Riverside AND Colton v. Fed. Energy Regulatory Comm'n
  765 F.2d 1434· 9th Cir.· 1985-07-18 ·cited 2×
  The court held that the Commission's order approving a multi-class rate design was not arbitrary or capricious and was supported by substantial evidence, as it addressed significant disparities in earned rates of return among wholesale customers.
• Nat'l Classification Comm. & Nat'l Motor Freight Traffic Ass'n, Inc. v. United States & Interstate Commerce Comm'n
  765 F.2d 1146· D.C. Cir.· 1985-07-05 ·cited 2×
  The court held that the Interstate Commerce Commission's revised motor freight classification system, based on four transportation characteristics and eliminating economic factors, was procedurally sound under the Administrative Procedure Act and substantively rational, aligning
• The State OF Ohio v. United States Dep't OF Transp. & the Materials Transp. Bureau
  766 F.2d 228· 6th Cir.· 1985-06-27 ·cited 2×
  The State of Ohio has standing to seek judicial review of a federal regulation that preempts its state statute requiring prenotification of radioactive material shipments.
• Alexander v. Trs. OF Boston Univ.
  766 F.2d 630· 1st Cir.· 1985-06-25 ·cited 2×
  The Department of Education's regulations requiring registration-exempt students to certify their status to receive federal aid are reasonably related to the Solomon Amendment's purpose and thus do not exceed statutory authority.
• Dist. 2 v. The Helen Mining Co.
  762 F.2d 1155· 3d Cir.· 1985-05-31 ·cited 2×
  The court held that the trustees' denial of benefits for obesity surgery due to lack of prior approval was not arbitrary and capricious, as the requirement was a clear, bargained-for term of the plan.
• Abolfazl Salehpour v. Immigr. & Naturalization Serv.
  761 F.2d 1442· 9th Cir.· 1985-05-31 ·cited 2×
  The court held that employment performed by an alien after filing a prima facie approvable petition for H-1 status, but prior to formal approval, is not 'unauthorized employment' under 8 U.S.C. § 1255(c) if the petition is subsequently approved.
• The State of Tex. v. United States & Interstate Commerce Comm'n
  761 F.2d 211· 5th Cir.· 1985-05-28 ·cited 2×
  The court held that the ICC must consider excursion fares when comparing intrastate and interstate rates under 49 U.S.C. § 11501(e)(2)(A)(i) to determine if intrastate rates impose an unreasonable burden on interstate commerce. The court also affirmed ICC jurisdiction over intras
• Canyoneers, Inc. v. Hodel
  756 F.2d 754· 9th Cir.· 1985-03-29 ·cited 2×
  The statutory preference right afforded to satisfactory concessioners under the Concessions Policy Act does not vest an entitlement to automatic permit renewal, but rather the opportunity to meet the terms of any competing proposal for substantially similar services.
• Simmons v. Interstate Commerce Comm'n & United States
  757 F.2d 296· D.C. Cir.· 1985-03-19 ·cited 2×
  The court held that the Interstate Commerce Commission's decision to eliminate certain railroad reporting schedules was procedurally flawed because it relied on a prior policy statement that was not properly promulgated as a rule or binding adjudication, and the notice of rulemak
• Michota v. Anheuser-Busch
  755 F.2d 330· 3d Cir.· 1985-02-22 ·cited 2×
  The court held that inclusion of a pension plan amendment in a collective bargaining agreement ratified by union members constitutes constructive notice to beneficiaries of the pension trust.
• Exxon Corp. v. United States Dep't OF Energy
  752 F.2d 650· Temp. Emer. Ct. App.· 1984-12-17 ·cited 2×
  The court held that the cost of natural gas shrinkage must be calculated using a weighted average of all residue gas sales contracts in effect during the measurement period, including fixed-quantity contracts.
• Parkway Med. Ctr. v. Heckler
  614 F. Supp. 564· S.D. Fla.· 1984-09-24 ·cited 2×
  The court held that Administrative Regulation 42 C.F.R. § 405.452(b)(1)(ii) is invalid both procedurally for failing to provide an adequate basis and purpose statement and substantively for being arbitrary, capricious, and not in accordance with law.
• P & R Temmer v. Fed. Commc'ns Comm'n
  743 F.2d 918· D.C. Cir.· 1984-09-14 ·cited 2×
  The FCC's revocation of radio channel authorizations for failure to meet loading requirements was not an abuse of discretion and did not violate Section 316 of the Communications Act, as the licensees' rights were contingent on meeting those requirements.
• Mahan v. Reynolds Metals Co. & The Reynolds Ret. Plan
  739 F.2d 388· 8th Cir.· 1984-07-25 ·cited 2×
  The court held that the arbitration decision was not arbitrary and capricious, affirming the district court's grant of summary judgment.
• City OF Gillette v. Fed. Energy Regulatory Comm'n
  737 F.2d 883· 10th Cir.· 1984-06-28 ·cited 2×
  The court held that the FERC's rejection of Gillette's appeal as untimely was reasonable, but its denial of Gillette's waiver request lacked sufficient explanation.
• United States v. Lambert
  589 F. Supp. 366· M.D. Fla.· 1984-06-11 ·cited 2×
  The court held that the defendant's filling operations in wetlands adjacent to navigable waters violated the Clean Water Act, but ordered restoration only for the western wetland, deeming it not unduly burdensome and environmentally beneficial.
• City OF Cherokee v. Interstate Commerce Comm'n & United States
  727 F.2d 748· 8th Cir.· 1984-02-10 ·cited 2×
  The court held that the Interstate Commerce Commission properly considered all relevant factors and applied correct legal standards in granting the railroad's application to abandon a branch rail line.
• Ganadera Indus., S.A. v. Block
  727 F.2d 1156· D.C. Cir.· 1984-02-07 ·cited 2×
  The court held that the Secretary of Agriculture did not exceed his authority under the Federal Meat Inspection Act and its regulations in withdrawing GISA's import privilege, and the action was not arbitrary, capricious, or a violation of due process.
• Budwig v. Natelson's Inc. Profit Sharing Ret. Plan
  720 F.2d 977· 8th Cir.· 1983-11-09 ·cited 2×
  The court affirmed the district court's dismissal, finding the Trustee's actions were not arbitrary, capricious, or inconsistent with ERISA.
• Selman v. The United States
  723 F.2d 877· Fed. Cir.· 1983-10-28 ·cited 2×
  The court held that the Secretary's denial of promotion was not arbitrary or capricious, and that the term 'grade' in retirement statutes refers to 'officer grade,' not 'pay grade.'