Arbitrary and Capricious

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

• The Cleveland Elec. Illuminating Co. v. Env't Prot. Agency
  603 F.2d 1· 6th Cir.· 1979-08-06 ·cited 2×
  The court held that the U.S. EPA acted arbitrarily by rejecting Ohio EPA's proposed NPDES permits for CEI without fully considering the state agency's findings and the implications of a recent court decision invalidating the "fundamentally different factors" requirement for varia
• The Motor & Equip. Mfrs. Ass'n, Inc. v. Env't Prot. Agency & Barbara Blum
  627 F.2d 1128· D.C. Cir.· 1979-08-03 ·cited 2×
  The court held that the Administrator rationally waived preemption for California's optional 100,000-mile emissions certification procedure, and the petition to vacate the order is denied.
• Ass'n OF Am. Railroads v. Interstate Commerce Comm'n & United States
  600 F.2d 989· D.C. Cir.· 1979-05-29 ·cited 2×
  The ICC has the authority to promulgate a procedural regulation requiring the use of net weights for determining loss and damage claims settlements, and this regulation is not arbitrary or capricious.
• Olen L. Byrd v. Campbell
  591 F.2d 326· 5th Cir.· 1979-03-16 ·cited 2×
  The court affirmed the agency's decision to remove the plaintiff, finding substantial evidence supported the removal and that the agency did not abuse its discretion regarding the penalty, despite a prior remand for findings on mental capacity.
• The B. F. Goodrich Co. v. Dep't OF Transp.
  592 F.2d 322· 6th Cir.· 1979-02-08 ·cited 2×
  The court held that the agency's phased implementation of the tire grading regulation, excluding radial tires temporarily due to testing difficulties, did not violate the prior mandate and was not arbitrary or capricious.
• Rocky Mountain Motor Tariff Bureau, Inc. v. Interstate Commerce Comm'n & the United States
  590 F.2d 865· 10th Cir.· 1979-01-18 ·cited 2×
  The court held that the Interstate Commerce Commission (ICC) properly used its rulemaking authority to prohibit motor common carriers from imposing differential charges for shipments to or from non-commercial locations and to require pre-delivery notification for such shipments.
• Dade Cnty. v. Valdes
  366 So. 2d 809· Fla. 3d DCA· 1979-01-09 ·cited 2×
  Dade County challenged a circuit court appellate division decision that quashed a zoning resolution denying Valdes' request to rezone his property from residential (RU-2) to semi-professional office use (RU-5). The Florida District Court of Appeal reversed, holding that the zonin
• Brownfield v. The United States
  589 F.2d 1035· Ct. Cl.· 1978-12-13 ·cited 2×
  The court held that the plaintiff's claim for advancement on the retired list accrued in 1957 when the Secretary first denied it, and the subsequent applications to the Correction Board did not create a new cause of action or extend the statute of limitations.
• Springstead v. Claytor
  586 F.2d 990· 4th Cir.· 1978-11-13 ·cited 2×
  A regular commission in the Marine Corps has an indefinite duration and does not limit the service obligation assumed by accepting such a commission, even if the officer previously had a fixed-term reserve obligation.
• The Oceanic S.S. Co. v. The United States
  586 F.2d 774· Ct. Cl.· 1978-10-18 ·cited 2×
  The court held that the Maritime Administration's (MARAD) determination of subsidy rates was arbitrary and capricious, and procedurally defective, entitling the plaintiff to recover higher subsidy rates for the years 1962-1968.
• City OF Miami Beach v. Breitbart
  358 So. 2d 564· Fla. 3d DCA· 1978-04-25 ·cited 2×
  The City of Miami Beach appeals from a trial court order declaring its PUD-1 zoning classification of appellee's property arbitrary and unconstitutional, and ordering rezoning to permit professional office use. The appellate court reverses, finding that the PUD-1 classification w
• RCA Global Commc'ns, Inc. v. Fed. Commc'ns Comm'n & United States
  574 F.2d 727· 2d Cir.· 1978-04-18 ·cited 2×
  The court affirmed the FCC's order on remand, finding that the new formula for distributing international telegram traffic was not arbitrary and capricious and was supported by the record.
• Tidewater Mgmt. Servs., Inc. v. The United States
  573 F.2d 65· Ct. Cl.· 1978-03-22 ·cited 2×
  The court held that the government's award of a contract to the lowest bidder was reasonable, even though the bidder used a novel method for calculating man-hours and did not submit a manning chart for every day type used in its calculation, as the bidder provided sufficient just
• Jammer v. United States
  571 F.2d 439· 8th Cir.· 1978-03-13 ·cited 2×
  The court affirmed the district court's grant of summary judgment, finding substantial evidence supported the agency's decision to dismiss the employee.
• Ford Motor Co. v. United States & Interstate Commerce Comm'n
  569 F.2d 196· 3d Cir.· 1977-12-29 ·cited 2×
  The court held that the Interstate Commerce Commission's orders establishing uniform nationwide motor truck and trailer detention regulations were rationally supported and not arbitrary or capricious.
• The Union Nat'l Bank of Pittsburgh v. Interstate Commerce Comm'n & United States
  569 F.2d 742· 3d Cir.· 1977-12-13 ·cited 2×
  The ICC exceeded its statutory authority by denying temporary operating authority based on the transferor's alleged misconduct rather than the statutory standards of property injury or service interference.
• State OF Me. v. Kreps
  563 F.2d 1052· 1st Cir.· 1977-09-23 ·cited 2×
  The court held that the Secretary of Commerce's explanation for setting the 1977 herring quota, as supplemented by affidavits, provided a reasoned and legally adequate basis for her determination, and thus affirmed the district court's dismissal.
• United Mine Workers OF Am. v. Kleppe
  561 F.2d 1258· 7th Cir.· 1977-09-13 ·cited 2×
  The court held that the agency's 45-day filing regulation for compensation claims under the Federal Coal Mine Health and Safety Act is a valid exercise of rulemaking authority and not subject to state statutes of limitations.
• Arvella Harris v. Griffin B. Bell
  562 F.2d 772· D.C. Cir.· 1977-08-08 ·cited 2×
  Judicial review of the Attorney General's decision to withdraw an objection under Section 5 of the Voting Rights Act is precluded.
• Colonial Refrigerated Transp., Inc. v. United States & the Interstate Commerce Comm'n
  555 F.2d 1265· 5th Cir.· 1977-07-15 ·cited 2×
  The court held that the ICC's denial of the gateway elimination application was arbitrary and capricious, warranting remand for reconsideration with additional evidence.
• Alexander v. Interstate Commerce Comm'n & United States
  567 F.2d 91· D.C. Cir.· 1977-06-29 ·cited 2×
  The court held that the Interstate Commerce Commission's refusal to consider military traffic in gateway elimination proceedings was arbitrary and capricious.
• ITT World Commc'ns, Inc. v. Fed. Commc'ns Comm'n & United States
  555 F.2d 1125· 2d Cir.· 1977-06-03 ·cited 2×
  The court held that the FCC's policy allowing AT&T to apply for international dataphone service was not arbitrary or capricious.
• City OF Huntingburg v. Fed. Power Comm'n
  555 F.2d 1033· D.C. Cir.· 1977-04-26 ·cited 2×
  The court affirmed the Federal Power Commission's denial of an application for pipeline interconnection and gas allocation, finding the decision rational and not arbitrary.
• Disc. Co., Inc. v. The United States
  554 F.2d 435· Ct. Cl.· 1977-04-20 ·cited 2×
  The court held that the Board of Contract Appeals' decision upholding the default termination was supported by substantial evidence and permissible under the Wunderlich Act. The contractor's lack of progress was not excused by alleged difficulties with borrow sites, restaking, or
• City OF DES Plaines v. The Metro. Sanitary Dist. OF Chicago
  552 F.2d 736· 7th Cir.· 1977-03-22 ·cited 2×
  The court held that the Environmental Impact Statements (EISs) adequately complied with the National Environmental Policy Act (NEPA) and that the district court did not err in its discovery rulings.
• Bensing v. United States
  551 F.2d 262· 10th Cir.· 1977-03-22 ·cited 2×
  The court held that 10 U.S.C.A. § 8287 is constitutional and that the trial court properly dismissed Bensing's claim for damages due to an administrative error, as he failed to establish he would have been promoted but for the error.
• City OF Westfield v. Fed. Power Comm'n
  D.D.C.· 1977-03-08 ·cited 2×
  The court held that appellate jurisdiction over discretionary agency suspension orders is lacking, and therefore, the petition for review must be dismissed.
• Am. Tel. & Tel. Co. v. Fed. Commc'ns Comm'n & the United States
  D.D.C.· 1977-02-01 ·cited 2×
  The court held that AT&T was entitled to an evidentiary hearing, and the FCC's decision without one was arbitrary and unsupported by reasoned findings.
• Dynalectron Corp. v. The United States
  545 F.2d 736· Ct. Cl.· 1976-12-15 ·cited 2×
  The court held that legal fees incurred in defending a separate commercial venture are direct costs of that venture and not allocable to government contracts, even if the contractor argues a remote benefit to its overall business.
• ACE Doran Hauling & Rigging Co. v. United States & Interstate Commerce Comm'n
  545 F.2d 1046· 6th Cir.· 1976-12-15 ·cited 2×
  The court held that the Interstate Commerce Commission's limited grant of authority was supported by substantial evidence and was not arbitrary or capricious.
• United van Lines, Inc. v. United States & Interstate Commerce Comm'n
  545 F.2d 613· 8th Cir.· 1976-12-03 ·cited 2×
  The court held that the Interstate Commerce Commission's order imposing a cease and desist order and a thirty-day suspension of authorizations on United Van Lines was not arbitrary or discriminatory, despite United's claims of disparate treatment compared to other carriers.
• Wingate Trucking Co., Inc. v. Interstate Commerce Comm'n
  535 F.2d 909· 5th Cir.· 1976-07-23 ·cited 2×
  The court held that the Interstate Commerce Commission's decision denying the petitioner's request for additional authority was supported by evidence and within the scope of its authority.
• Herling's Grocery Basket, Inc. v. United States
  538 F.2d 86· 4th Cir.· 1976-05-17 ·cited 2×
  The court held that the district court erred in reducing the period of disqualification for a food stamp program violation, as the administrative sanction was not arbitrary and capricious.
• Hooker Chems. & Plastics Corp. v. Train
  537 F.2d 639· 2d Cir.· 1976-04-28 ·cited 2×
  The court held that regulations for new source manufacturers of phosphorus and phosphorus pentasulfide were invalid because the EPA failed to adequately demonstrate the availability of the technology and consider the costs involved.
• Storey v. The United States
  531 F.2d 985· Ct. Cl.· 1976-03-17 ·cited 2×
  The court held that the Air Force Correction Board's decision to deny relief to the plaintiff was not arbitrary, capricious, or unsupported by substantial evidence, and therefore is affirmed.
• Nat'l Labor Relations Bd. v. Int'l Ass'n OF Bridge, Structural & Reinforced Iron Workers Union, Local 378, AFL-CIO
  532 F.2d 1241· 9th Cir.· 1976-03-16 ·cited 2×
  The court held that the Board's use of the 'representative employee' formula to calculate backpay was arbitrary and unreasonable in this case because the selected group was not representative of the claimant's employment experience.
• Penguin Indus., Inc. v. The United States
  530 F.2d 934· Ct. Cl.· 1976-02-18 ·cited 2×
  The court affirmed the Armed Services Board of Contract Appeals' decision, holding that the plaintiff failed to demonstrate the Board's findings were unsupported by substantial evidence or that the Board acted arbitrarily.
• McINNIS v. Caspar W. Weinberger
  530 F.2d 55· 1st Cir.· 1976-02-05 ·cited 2×
  The court held that the Secretary's interpretation of the statute, which denied food stamp eligibility to SSI recipients in Massachusetts, was not arbitrary or capricious and did not violate constitutional rights.
• Singer v. United States Civil Serv. Comm'n
  530 F.2d 247· 9th Cir.· 1976-01-12 ·cited 2×
  The court held that the Civil Service Commission's decision to terminate Singer's employment was supported by substantial evidence and did not violate his constitutional rights, as his public flaunting of his homosexual lifestyle provided a rational basis for finding that it woul
• Sigmon v. POE
  528 F.2d 311· 4th Cir.· 1975-12-12 ·cited 2×
  The court affirmed the denial of preliminary injunctive relief, finding the lower court's determination that the Board's action was not arbitrary or capricious was not clearly erroneous.
• TNT Tariff Agents, Inc. v. The Interstate Commerce Comm'n & United States
  525 F.2d 1089· 2d Cir.· 1975-11-18 ·cited 2×
  The court held that the Interstate Commerce Commission properly found TNT's tariffs unjust and unreasonable, and that the Commission's orders were supported by substantial evidence and within its statutory authority.
• State OF Me. v. Civil Aeronautics Bd.
  520 F.2d 1240· 1st Cir.· 1975-08-13 ·cited 2×
  The court held that the Civil Aeronautics Board improperly deleted municipalities from an airline's certificate without adequately considering the public interest in a suspension/substitution arrangement.
• Indep. Meat Packers Ass'n v. Butz
  514 F.2d 1119· 8th Cir.· 1975-04-15 ·cited 2×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against new beef grading standards pending a full hearing.
• Marrone v. U. S. Immigr. & Naturalization Serv.
  500 F.2d 418· 2d Cir.· 1974-06-18 ·cited 2×
  The court held that summary judgment for the defendants was improper because genuine issues of material fact existed regarding the classification standard's promulgation. However, the plaintiff class must first exhaust available administrative remedies.
• Angel v. Butz
  487 F.2d 260· 10th Cir.· 1973-11-13 ·cited 2×
  The court held that the Secretary's wage determinations under the Sugar Act were not arbitrary or capricious, and the record was adequate for summary judgment.
• Peppers v. The United States Army & those who hold the Offs. of Sec'y of the Army & The Adjutant Gen. of the United States Army
  479 F.2d 79· 4th Cir.· 1973-05-30 ·cited 2×
  The court held that administrative review of the discharge, including a hearing, satisfied due process requirements, even if the initial discharge hearing was flawed.
• Estero River Groves, Inc. v. Doyle Conner
  269 So. 2d 430· Fla. 2d DCA· 1972-11-17 ·cited 2×
  The Florida District Court of Appeal reviewed a regulation prohibiting the sale of undersized round oranges. The court found the regulation arbitrary and unreasonable as applied to certain growers, despite upholding the general purpose of consumer protection and industry promotio
• Doyle Shirt Mfg. Corp. v. The United States
  462 F.2d 1150· Ct. Cl.· 1972-07-14 ·cited 2×
  The court held that the Government was not estopped from terminating the contract for default due to prior waivers, and the termination was not untimely.
• Charlton v. United States
  462 F.2d 59· 3d Cir.· 1972-06-15 ·cited 2×
  The court held that the administrative decision to remove the plaintiff from his IRS position was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• L & M Indus., Inc. v. Kenter
  458 F.2d 968· 2d Cir.· 1972-04-10 ·cited 2×
  The FDA exceeded its statutory authority by determining a product was adulterated without providing the importer an opportunity to be heard on that specific issue.