Arbitrary and Capricious

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

• Malta Irrigation Dist. v. Fed. Energy Regulatory Comm'n
  955 F.2d 59· D.C. Cir.· 1992-02-07
  The court held that FERC appropriately sanctioned Liberty County for abusing the municipal preference by dismissing its license application and barring it from the site for one year, and that FERC's decision to grant a preliminary permit to Continental Hydro over Malta Irrigation
• E. Tenn. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  953 F.2d 675· D.C. Cir.· 1992-01-24
  The court held that the Federal Energy Regulatory Commission (FERC) acted arbitrarily and capriciously in rejecting East Tennessee Natural Gas Company's proposal to reduce its Authorized Overrun Sales (AOS) service rate, as the Commission's decision lacked a rational connection t
• Zeien v. Palmer
  955 F.2d 506· 8th Cir.· 1992-01-23
  The court held that the Department of Human Services' policy of canceling AFDC benefits based on a single child support payment, without estimating the likelihood of future payments, complies with the Social Security Act and federal regulations.
• United States v. Brett Lawrence Arron, M.D.
  954 F.2d 249· 5th Cir.· 1992-01-21
  The court affirmed the grant of summary judgment, finding no genuine issue of material fact regarding the breach of the scholarship contract or arbitrary agency action.
• Allison v. Dugan
  951 F.2d 828· 7th Cir.· 1992-01-10
  The court held that the district court properly applied the arbitrary and capricious standard of review to the fund's decision to suspend benefits and correctly granted summary judgment, but erred in imposing Rule 11 sanctions.
• Brookpark Ent., Inc. v. Taft
  951 F.2d 710· 6th Cir.· 1991-12-16
  The court held that the Ohio 'particular premises' local option statute facially violates the Due Process Clause of the Fourteenth Amendment because it allows for arbitrary targeting of liquor licensees for revocation without sufficient procedural safeguards.
• Nat'l Wildlife Fed'n v. Lujan
  950 F.2d 765· D.C. Cir.· 1991-12-10
  The court held that the Secretary of the Interior's regulations allowing termination of regulatory jurisdiction over reclaimed mine sites upon bond release are a permissible interpretation of the Surface Mining Control and Reclamation Act of 1977.
• Allison v. Madigan
  951 F.2d 869· 8th Cir.· 1991-12-06
  The court held that the Farmers Home Administration's (FmHA) new administrative offset regulations sufficiently cured any due process or statutory violations caused by the old regulations, and the guidelines provided to county supervisors were not arbitrary or capricious.
• Creighton Omaha Reg'l Health Care Corp. v. Sullivan
  950 F.2d 563· 8th Cir.· 1991-12-02
  The court held that the Secretary properly recaptured depreciation expenses when a hospital sold an asset for more than its net book value, but improperly offset interest expenses by the amount paid by DHHS.
• Perales v. Louis W. Sullivan, M.D.
  948 F.2d 1348· 2d Cir.· 1991-11-12
  The court held that the Grant Appeals Board's requirement for "assurance" of documentation at the time of filing a Medicaid reimbursement claim was arbitrary and capricious because it was a substantive regulation that was not properly promulgated with notice.
• The Vill. OF Grand View v. Skinner
  947 F.2d 651· 2d Cir.· 1991-10-24
  The court held that the redesigned highway interchange was sufficiently connected to the original project, and the environmental review adequately considered its impacts, thus a Supplemental Environmental Impact Statement was not required.
• Alaska Airlines, Inc. v. City OF Long Beach
  951 F.2d 977· 9th Cir.· 1991-10-24
• Foust v. Lujan
  942 F.2d 712· 10th Cir.· 1991-10-24
  The court held that the Interior Board of Land Appeals' decision denying a patent correction was not arbitrary, capricious, or unsupported by substantial evidence, and affirmed the decision.
• Gromo v. Off. OF Pers. Mgmt.
  944 F.2d 882· Fed. Cir.· 1991-09-19
  The court held that the MSPB's decision not to waive recovery of the overpayment was an abuse of discretion, reversing the decision.
• Westover v. Metro. Life Ins.
  771 F. Supp. 1172· M.D. Fla.· 1991-09-10
  The court held that the denial of benefits was not arbitrary and capricious because the treatment was experimental and excluded by the plan, and the plan granted discretionary authority to the administrator.
• J.C. Coker, III v. Col. Francis R. Skidmore
  941 F.2d 1306· 5th Cir.· 1991-09-06
  The court held that the district court erred in finding the Corps' decision not to supplement the Environmental Impact Statement arbitrary and capricious, as there was no evidence of significant new circumstances or impacts from the levee construction itself.
• Burton Handelsman v. Town OF Palm Beach
  585 So. 2d 1047· Fla. 4th DCA· 1991-09-04
  Handelsman, a property owner on Worth Avenue in Palm Beach, challenged the town's denial of a special exception to lease his building to a large apparel store that would exceed the zoning district's 2,000 square foot limitation. The Florida appellate court affirmed the trial cour
• Bolton v. Constr. Laborers' Pension Tr. FOR S. Cal.
  954 F.2d 1437· 9th Cir.· 1991-08-30
  The court held that a pension plan acted arbitrarily in applying its break-in-service rule to cancel a participant's credits without considering whether the break was due to involuntary unemployment, especially when the participant later accumulated sufficient service years.
• Navistar Int'l Transp. Corp. v. United States Env't Prot. Agency
  941 F.2d 1339· 6th Cir.· 1991-08-12
  The court held that the EPA's disapproval of the proposed SIP revision was not arbitrary or capricious, as Navistar failed to demonstrate compliance with the Clean Air Act's requirements for RACT relaxation and expeditious attainment.
• The Nat'l Wildlife Fed'n v. The Agric. Stabilization & Conservation Serv.
  941 F.2d 667· 8th Cir.· 1991-08-08
  The court vacated the district court's judgment and remanded the case because a subsequent amendment to the Swampbuster Act provided an explicit good-faith exemption, which applied retroactively.
• State OF Idaho v. Interstate Commerce Comm'n
  939 F.2d 784· 9th Cir.· 1991-07-24
  The court held that the Interstate Commerce Commission's notational voting procedures were valid and that the Commission did not abuse its discretion in reopening a prior decision based on material error. The court further held it lacked jurisdiction to review the Commission's de
• In re Consolidated Land Disposal Regulation Litigation
  938 F.2d 1386· D.C. Cir.· 1991-07-16
  The court held that the EPA's regulations requiring post-closure permits for hazardous waste disposal facilities and establishing groundwater monitoring standards were within the agency's statutory authority and not arbitrary or capricious.
• Natural Res. Def. Council, Inc. v. U.S. Env't Prot. Agency
  937 F.2d 641· D.C. Cir.· 1991-06-28
  The Environmental Protection Agency has discretion to determine whether fugitive emissions from surface coal mines should be included in calculating whether a facility is a "major emitting facility" for Clean Air Act purposes, and its decision not to include them based on a cost-
• Oiciyapi Fed. Credit Union v. Nat'l Credit Union Admin.
  936 F.2d 1007· 8th Cir.· 1991-06-21
  The court held that the NCUA Board's decision to suspend Oiciyapi's charter and liquidate it was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• The State Corp. Comm'n OF the State OF Kan. v. Interstate Commerce Comm'n & the United States
  933 F.2d 827· 10th Cir.· 1991-05-13
  The court affirmed the ICC's order allowing Greyhound to discontinue bus service, finding the ICC's decision was not arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence.
• Arco OIL & GAS Co. v. Fed. Energy Regulatory Comm'n
  932 F.2d 1501· D.C. Cir.· 1991-05-10
  The court held that the Federal Energy Regulatory Commission (FERC) failed to adequately explain its assertion of jurisdiction over ARCO's activities under the Natural Gas Act.
• Alliance FOR Cannabis Therapeutics v. Drug Enforcement Administration
  930 F.2d 936· D.C. Cir.· 1991-04-26
  The court held that the DEA Administrator's decision to maintain marijuana in Schedule I was based on unreasonable factors that are logically impossible to satisfy for a Schedule I drug, requiring a remand.
• The Process GAS Consumers Grp. v. Fed. Energy Regulatory Comm'n
  930 F.2d 926· D.C. Cir.· 1991-04-19
  The court held that FERC's approval of certain research projects by the Gas Research Institute on remand was inconsistent with prior court directives, particularly regarding the net-benefits analysis for ratepayers.
• N. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  929 F.2d 1261· 8th Cir.· 1991-04-04
  The Federal Energy Regulatory Commission (FERC) may regulate rates charged for natural gas gathering on a pipeline's own facilities when performed in connection with jurisdictional interstate transportation, notwithstanding the Natural Gas Act's exclusion of 'gathering' from its
• Windy City Meat Co., Inc. v. United States Dep't OF Agric.
  926 F.2d 672· 7th Cir.· 1991-03-05
  The court affirmed the USDA's withdrawal of inspection services because the company's pattern of bribery provided substantial evidence of unfitness, even though the court questioned the validity of the USDA's per se rule in other contexts.
• Woods Psychiatric Inst. v. The United States
  925 F.2d 1454· Fed. Cir.· 1991-02-25
  The court affirmed the Claims Court's judgment, adopting its reasoning regarding the validity of CHAMPUS regulations and the timeliness of recoupment actions.
• Lionel G.F. Panchevre v. United States Dep't of Justice-Immigration & Naturalization Serv.
  922 F.2d 1229· 5th Cir.· 1991-02-07
  The Board of Immigration Appeals lacked jurisdiction to reinstate the INS's withdrawn appeal because the time for filing an appeal had expired, rendering the immigration judge's decision final.
• Peder B. Sletteland v. Fed. Deposit Ins. Corp.
  924 F.2d 350· D.C. Cir.· 1991-01-29
  The FDIC did not abuse its discretion in disapproving the acquisition of controlling stock due to the petitioner's lack of competence, experience, and integrity.
• Reliance Elec. Co. v. Consumer Prod. Safety Comm'n
  924 F.2d 274· D.C. Cir.· 1991-01-22
  The court held that the Consumer Product Safety Commission failed to adequately explain its reasoning for disclosing documents despite accuracy objections, requiring a remand for further explanation.
• Republic OF Transkei v. Immigr. & Naturalization Serv.
  923 F.2d 175· D.C. Cir.· 1991-01-08
  The court held that the INS's denial of an L-1 visa was not supported by a coherent interpretation of its own regulations, particularly regarding executive and managerial functions.
• Trunkline LNG Co. v. Fed. Energy Regulatory Comm'n
  921 F.2d 313· D.C. Cir.· 1990-12-14
  The court remanded the issue of Trunkline LNG's acceptance of a contract amendment to FERC for further consideration, but denied Trunkline LNG's petition regarding accounting issues.
• Nat'l Cable Television Ass'n, Inc. v. Fed. Commc'ns Comm'n & United States
  914 F.2d 285· D.C. Cir.· 1990-12-04
  The court held that the FCC failed to adequately explain why the proposed arrangement, which created an affiliation between a telephone company and a cable operator, required a waiver of the cross-ownership prohibition, thus remanding the case for further consideration.
• Gant v. The United States
  918 F.2d 168· Fed. Cir.· 1990-10-31
  The court held that the Air Force Board for Correction of Military Records' refusal to grant an earlier retirement date was not arbitrary and capricious because the service member failed to make the statutorily required request for retirement at the time of his eligibility.
• Texas-Capital Contractors, Inc. v. Abdnor
  933 F.2d 261· 5th Cir.· 1990-10-26
  The court held that the Office of Hearings and Appeals' (OHA) finding of affiliation between TCCI and the McCarty Group, based on the identity of interest rule and evidence of close business relationships, was not arbitrary or capricious, and any procedural errors in admitting a
• Nat'l Fuel GAS Supply Corp. v. Fed. Energy Regulatory Comm'n
  909 F.2d 1519· D.C. Cir.· 1990-08-07
  The court held that the Commission exceeded its authority under § 7 of the Natural Gas Act by conditioning a certificate for off-system sales upon the acceptance of a blanket transportation certificate. The court also vacated as moot the Commission's order reopening a rate procee
• Pub. Serv. Comm'n OF Md. & the Md. Off. of People's Counsel v. Fed. Commc'ns Comm'n & the United States
  909 F.2d 1510· D.C. Cir.· 1990-08-03
  The FCC order properly preempted state authority to regulate the rates LECs charge for DNP, as the service has interstate aspects and cannot be practically separated from interstate components.
• The State OF La. v. United States Dep't of Health & Human Servs.
  905 F.2d 877· 5th Cir.· 1990-07-13
  The court held that the Administrator's interpretation of the Medicaid statute and regulations, disallowing Louisiana's proposed use of Average Wholesale Price (AWP) as an estimate of pharmacists' acquisition costs, was permissible and supported by evidence.
• Montoya v. United States Parole Comm'n
  908 F.2d 635· 10th Cir.· 1990-07-12
  The dissenting judge would uphold the Parole Commission's decision to go above parole guidelines, finding a rational basis for the determination of assaultive and aggressive behavior.
• Nat'l Tank Truck Carriers, Inc. v. United States Env't Prot. Agency & William K. Reilly
  907 F.2d 177· D.C. Cir.· 1990-06-26
  The court held that the EPA acted arbitrarily and capriciously by requiring carriers to produce documentation of a shipment's lawfulness without a corresponding obligation for shippers to provide such documentation.
• Common Cause v. Fed. Election Comm'n
  906 F.2d 705· D.C. Cir.· 1990-06-19
  The court held that the FEC did not adequately analyze the issue of committee affiliation under the terms prescribed by the governing statute and regulation.
• Ballard v. Louis W. Sullivan, M.D.
  905 F.2d 257· 9th Cir.· 1990-05-25
  The court held that the regulation requiring employers to separate wages from expense reimbursements is valid and applies to traveling salesmen.
• Simmons v. Interstate Commerce Comm'n & United States
  900 F.2d 1023· 7th Cir.· 1990-04-16
  The court held that the petitioners lacked standing to challenge the ICC's decision to grant an abandonment exemption for a rail line segment.
• LA Star Cellular Tel. Co. v. Fed. Commc'ns Comm'n
  899 F.2d 1233· D.C. Cir.· 1990-03-30
  The court affirmed the FCC's decision to grant NOCGSA sole interim operating authority, finding it balanced public interest and potential prejudice to La Star.
• Ne. Cellular Tel. Co., L.P. v. Fed. Commc'ns Comm'n
  897 F.2d 1164· D.C. Cir.· 1990-03-09
  The FCC's waiver of financial qualification requirements for a cellular license lottery winner was arbitrary and capricious because it was not based on a rational waiver policy, violating the requirement for an appropriate general standard.
• Futurex Indus., Inc. v. Interstate Commerce Comm'n & United States
  897 F.2d 866· 7th Cir.· 1990-03-05
  The court held that the Interstate Commerce Commission (ICC) did not err in granting an exemption for the abandonment of a rail segment, as the segmentation analysis was proper and the objectors failed to demonstrate inefficiency in rerouting or abuse of market power.