Arbitrary and Capricious

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

• Odell C. Tant v. United States
  656 F.2d 961· 4th Cir.· 1981-08-17
  The court held that the Food and Nutrition Service (FNS) did not abuse its discretion in imposing a sixty-day suspension for food stamp violations, even without a prior warning letter, given the nature and quantity of ineligible items sold.
• The Commonwealth OF Ky. v. Alexander
  655 F.2d 714· 6th Cir.· 1981-07-21
  The court held that the Army Corps of Engineers did not abuse its discretion in its consideration of alternative sites in the Environmental Impact Statement (EIS) for the proposed port construction.
• Potomac Elec. Power Co. v. Env't Prot. Agency
  650 F.2d 509· 4th Cir.· 1981-06-04
  The court held that the EPA's interpretation of 'contractual obligation' requiring 'significant liability' for exemption from NSPS is not plainly erroneous, and that the boiler is the correct 'affected facility'.
• Ramoco Inc. v. Andrus
  649 F.2d 814· 10th Cir.· 1981-05-27
  The court held that the Secretary of the Interior's narrow interpretation of the 'justifiable' and 'reasonable diligence' standards for lease reinstatement is not arbitrary, capricious, or an abuse of discretion.
• Canadian Tarpoly Co. v. United States Int'l Trade Comm'n & Sealed Air Corp.
  649 F.2d 855· C.C.P.A.· 1981-05-18
  The court granted Sealed Air's motion to intervene as a party appellee in the pending appeal, despite the motion being filed late.
• Bowman Transp., Inc. v. Interstate Commerce Comm'n & United States
  643 F.2d 285· 5th Cir.· 1981-04-22
  The court held that the Interstate Commerce Commission acted rationally in refusing to impose a weight restriction on the applicant's express service, as substantial evidence supported the decision.
• Sean Michaels, Inc. v. United States Postal Serv.
  653 F.2d 591· D.C. Cir.· 1981-04-21
  The court held that the companies breached their consent agreements by continuing to make advertising claims prohibited by those agreements, and the Postal Service's determination was not arbitrary or capricious.
• W. Airlines, Inc. v. Civil Aeronautics Bd.
  648 F.2d 744· D.C. Cir.· 1981-04-08
  The court held that the Civil Aeronautics Board's decision assigning air routes was not arbitrary, capricious, or unsupported by substantial evidence, as the Board considered relevant factors beyond just competition.
• Farshy v. Campbell
  638 F.2d 829· 5th Cir.· 1981-03-05
  The court held that the agency's actions regarding job classification, pay, performance rating, dismissal, and grievances were supported by substantial evidence and did not violate constitutional rights or procedural requirements.
• Nat'l Civil Serv. League v. The United States
  643 F.2d 768· Ct. Cl.· 1981-02-25
  The court held that the contract's ceiling provision superseded the Limitation of Cost clause, barring recovery for costs exceeding the ceiling, and that the contractor's arguments for waiver or reformation were unsupported.
• Harris v. The United States
  640 F.2d 1309· Ct. Cl.· 1981-01-28
  The court held that the plaintiff's removal from his overseas position was procedurally sound and supported by substantial evidence, affirming the Civil Service Commission's decision.
• Ward Trucking Corp. v. United States & Interstate Commerce Comm'n
  636 F.2d 33· 3d Cir.· 1980-12-01
  The court held that the ICC's grant of temporary trucking authority was supported by 'some evidence' and was not arbitrary or capricious.
• Makse v. United States Civil Serv. Comm'n
  634 F.2d 341· 6th Cir.· 1980-11-05
  The court held that the Civil Service Commission's dismissal of the employees' appeal as untimely was arbitrary and capricious, and the employees' reliance on a personnel specialist's assurance should excuse the delayed filing.
• Monongahela Power Co. v. United States & Interstate Commerce Comm'n
  633 F.2d 960· 4th Cir.· 1980-10-30
  The plain language of the order allows Monongahela Power Company to seek further relief from the Interstate Commerce Commission.
• Gen. Motors Corp. v. Costle
  631 F.2d 466· 6th Cir.· 1980-10-16
  The court held that the Administrator's designations of Richland and Montgomery Counties as nonattainment areas for total suspended particulates were not arbitrary or capricious.
• Tackett & Schaffner, Inc. v. The United States
  633 F.2d 940· Ct. Cl.· 1980-07-16
  A disappointed bidder cannot recover if its bid was properly rejected as nonresponsive due to non-compliance with statutory limitations, even if the awarded bid was also potentially nonresponsive.
• Bd. of Supervisors of Henrico Cnty. v. Miller
  625 F.2d 1137· 4th Cir.· 1980-07-10
  The Secretary's method of calculating adjusted taxes by excluding dedicated funds not in the general fund was not arbitrary or capricious.
• Devine v. Metal Lathers' Local 46 Pension Funds
  626 F.2d 235· 2d Cir.· 1980-06-25
  The court held that the pension fund's 1977 amendment requiring two pension credits immediately preceding disability was not arbitrary or capricious as applied to the plaintiff.
• XXth Century Heating & Ventilating Co. v. The Dep't OF Energy
  618 F.2d 1· 6th Cir.· 1980-03-13
  The court held that the Department of Energy must reconsider its calculation of burner off-time in the annual fuel utilization efficiency model as applied to XXth Century's furnaces, as the current record does not demonstrate sufficient symmetry.
• OIL & GAS Futures v. Andrus
  610 F.2d 287· 5th Cir.· 1980-01-23
  The court held that the Secretary of the Interior did not abuse his discretion in interpreting a bid expressed as a decimal to represent a percentage.
• Blue & Grey Transit, Inc. v. United States & the Interstate Commerce Comm'n
  606 F.2d 437· 4th Cir.· 1979-09-19
  The court held that the Interstate Commerce Commission's general temporary order granting bus service authority was a valid exercise of its statutory power and not an abuse of discretion.
• Mont. Consumer Counsel & Mont. Dep't of Agric. v. United States & Interstate Commerce Comm'n
  607 F.2d 1226· 9th Cir.· 1979-08-17
  The court held that the ICC order requiring Montana intrastate freight rates to be raised to interstate levels was reviewable and supported by substantial evidence, as the intrastate rates constituted an unreasonable burden on interstate commerce.
• Cont'l Grain Co. v. United States & Interstate Commerce Comm'n
  603 F.2d 939· D.C. Cir.· 1979-06-19
  The court held that the Interstate Commerce Commission (ICC) failed to provide a substantial evidentiary basis or a rational explanation for its orders condemning the Cal Harbor Shuttle arrangement while approving similar unit-train operations.
• McNULTY v. Town of Indialantic
  49 Fla. Supp. 43· Fla. Cir. Ct.· 1979-05-17
  McNulty challenged the Town of Indialantic's denial of his variance application to build on oceanfront property. The court held that the town's setback ordinance, as applied to McNulty's property, was invalid because it completely prevented any reasonable use of the land, effecti
• Home BOX Off., Inc. v. Fed. Commc'ns Comm'n & United States
  587 F.2d 1248· D.C. Cir.· 1978-09-20
  The court held that the FCC's decision to defer regulation of broadcaster exclusivity practices in favor of market forces and antitrust enforcement was a rational exercise of its discretion.
• Natural Res. Def. Council, Inc. v. United States Nuclear Regulatory Comm'n & the United States
  580 F.2d 698· D.C. Cir.· 1978-07-03
  The court held that the enactment of the Nuclear Non-Proliferation Act of 1978 rendered the petitioners' challenge to the NRC's denial of an adjudicatory hearing moot, as the new Act provides the exclusive basis for hearings and does not require on-the-record hearings.
• Rutherford v. The United States
  573 F.2d 1224· Ct. Cl.· 1978-04-19
  The court held that the Secretary of the Navy's disability rating determination is not arbitrary, capricious, or unsupported by substantial evidence, and therefore will not be overturned.
• R-W Serv. Sys., Inc. v. The United States & the Interstate Commerce Comm'n
  580 F.2d 487· D.C. Cir.· 1978-02-27
  The court held that the Interstate Commerce Commission did not abuse its discretion by refusing to apply the 20% circuity rule to a carrier combining regular and irregular route authorities, nor was it impermissible to deny the extension of such regulations.
• The Nat'l Indep. Meat Packers Ass'n v. United States Env't Prot. Agency
  566 F.2d 41· 8th Cir.· 1977-11-10
  The court held that the EPA's effluent limitations regulations were not arbitrary or capricious and that their promulgation did not constitute an abuse of discretion, deferring to a prior Seventh Circuit decision.
• Project v. Fed. Commc'ns Comm'n & United States
  559 F.2d 237· 5th Cir.· 1977-09-14
  The court affirmed the FCC's decision that advertisements A-2 through A-5 did not violate the fairness doctrine by presenting only one side of a controversial issue.
• ST. Louis Airport Authority-City OF ST. Louis v. Civil Aeronautics Bd.
  561 F.2d 148· 8th Cir.· 1977-08-24
  The court held that the Civil Aeronautics Board's refusal to expand the scope of its Seattle/Portland-Japan Service Investigation to include St. Louis's proposals was not an abuse of discretion.
• Johnson Serv. Co. v. Fla. Elec. Contractors Licensing Bd.
  347 So. 2d 808· Fla. 1st DCA· 1977-06-30
  The court affirmed dismissal of plaintiffs' complaint seeking injunctive relief to compel the licensing board to administer an electrical contractors examination, holding that the complaint failed to allege sufficient facts of arbitrary and capricious conduct to invoke judicial j
• Widner v. The United States
  556 F.2d 526· Ct. Cl.· 1977-05-18
  The court held that the Army's decision to discharge the plaintiff and deem him ineligible for immediate reenlistment was not legally erroneous, and his petition for recovery and correction of military records was dismissed.
• Manley Bros. v. United States & Interstate Commerce Comm'n
  553 F.2d 1032· 6th Cir.· 1977-04-29
  The court held that the Interstate Commerce Commission's decision approving the proposed multiple-car rate was supported by substantial evidence and had a rational basis.
• Lt. Col. Joseph B. Bergen v. The United States
  562 F.2d 1197· Ct. Cl.· 1977-04-20
  The court held that the plaintiff failed to meet the requirements of Air Force regulations for an "automatic" out-of-sequence promotion by the applicable deadlines, and thus the Air Force Board for the Correction of Military Records did not act arbitrarily or capriciously in deny
• Nat'l Citizens Comm. FOR Broad. v. Fed. Commc'ns Comm'n & United States
  555 F.2d 967· D.C. Cir.· 1977-04-05
  The court granted a limited stay of its mandate to avoid inconsistent treatment of broadcast licensees pending the FCC's certiorari petition, acknowledging the FCC's stated burden.
• Windsor Univ. v. Secretary OF Health
  550 F.2d 1203· 9th Cir.· 1977-03-29
  The court held that the Commissioner of Education has statutory authority to impose dollar and time limitations on Federal Insured Student Loan Program contracts and that the Commissioner did not act arbitrarily in imposing such limitations on Windsor University.
• Fredrickson Motor Express Corp. v. Interstate Commerce Comm'n & the United States
  546 F.2d 104· 5th Cir.· 1977-01-28
  The court held that the Interstate Commerce Commission has the authority to approve tariff provisions that combine the weight of interstate and intrastate traffic for the purpose of assessing interstate freight charges, even though it cannot regulate intrastate rates directly.
• Gunnell Constr. Co., Inc. v. Dist. OF Columbia
  D.D.C.· 1977-01-28
  A quorum of the Contract Appeals Board must include at least one member with practical experience in government contract administration, not solely lawyers.
• Masaki Higa v. McLUCAS
  549 F.2d 152· 9th Cir.· 1977-01-27
  The court held that the Civil Service Commission did not abuse its discretion or act arbitrarily and capriciously in denying Higa's administrative appeal as untimely.
• Constancio Casares v. Knebel
  557 F.2d 826· D.C. Cir.· 1976-11-26
  The court held that the district court correctly dismissed the action for lack of jurisdiction, as the Secretary of Agriculture's wage determinations under the Sugar Act are generally not subject to judicial review.
• City OF Miami v. Grable
  339 So. 2d 259· Fla. 3d DCA· 1976-11-09
  The City of Miami appealed a trial court's injunction requiring it to permit rezoning of property from R-1 (single-family) to R-4 (multi-family) classification. The appellate court affirmed, holding that the city's denial of the rezoning request was arbitrary and capricious given
• Gulf W. Precision Eng'g Co. v. The United States
  543 F.2d 125· Ct. Cl.· 1976-10-20
  The court held that the plaintiff assumed the risk of not meeting performance specifications when it deviated from advisory specifications, and therefore is not entitled to recover costs for rejected preproduction models.
• W. F. Hall Printing Co. v. Nat'l Labor Relations Bd.
  540 F.2d 873· 7th Cir.· 1976-09-01
  The National Labor Relations Board did not abuse its discretion by certifying a bargaining unit composed of offset and letter press production employees, packers, and ancillary groups.
• Cross v. United States
  538 F.2d 624· 4th Cir.· 1976-07-28
  The court held that the one-year disqualification from the food stamp program was not arbitrary and capricious, as the evidence supported findings of store policy violations and repeated non-compliance after warnings.
• Philadelphia Cmty. Cable Coal. v. Fed. Commc'ns Comm'n
  531 F.2d 1240· 3d Cir.· 1976-03-19
  The court denied petitions to vacate FCC orders regarding cable television franchise transfers.
• Rosser v. Newman
  528 F.2d 1025· 5th Cir.· 1976-03-18
  The court held that the plaintiff failed to establish a prima facie case of due process violations or arbitrary and capricious agency action regarding his denied repromotions.
• United States v. Kennebec LOG Driving Co.
  530 F.2d 446· 1st Cir.· 1976-02-18
  The court held that Section 13 of the Rivers and Harbors Act of 1899 applies to log driving activities, rejecting arguments that such normal commercial navigation is implicitly exempted.
• Barton v. Lynn
  529 F.2d 189· 4th Cir.· 1975-09-30
  The court held that the Secretary's determination that sufficient standard housing was available for displaced low- and moderate-income families satisfied the Housing Act's requirements, even without new construction.
• Schott v. Fornoff
  515 F.2d 344· 4th Cir.· 1975-04-09
  The court held that the police department's haircut regulation was so extreme that it lacked a rational relationship to an efficient police department and was therefore arbitrary and capricious.