Arbitrary and Capricious

3,786 Florida cases classified under this topic, plus 448 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Sierra Club v. Froehlke
  534 F.2d 1289· 8th Cir.· 1976-04-23 ·cited 37×
  The court affirmed the district court's denial of injunctive and declaratory relief, finding the Environmental Impact Statement (EIS) adequate under NEPA and the Endangered Species Act.
• First Nat'l Bank of Smithfield v. Saxon
  352 F.2d 267· 4th Cir.· 1965-10-21 ·cited 37×
  The dissenting judge would hold that an opportunity for an objecting bank to be heard, with access to supporting data, is a prerequisite to a valid decision by the Comptroller on a branch bank application.
• Cont'l AIR Lines, Inc. v. Dep't OF Transp.
  843 F.2d 1444· D.C. Cir.· 1988-04-08 ·cited 36×·via Arbitrary And Capricious Standard Of Review
  The court held that the Department of Transportation's interpretation of the Love Field Amendment was reasonable and entitled to deference under Chevron, even if the court might have reached a different conclusion independently.
• Love v. Thomas
  858 F.2d 1347· 9th Cir.· 1988-01-29 ·cited 36×
  The court held that the district court had jurisdiction to review an emergency suspension order of a pesticide registration, even when no expedited hearing was requested by the registrant.
• DOE v. Casey
  796 F.2d 1508· D.C. Cir.· 1986-08-01 ·cited 36×
  While section 102(c) terminations are judicially reviewable, the court must give deference to the Director's judgment, requiring concrete evidence of an impermissible basis for termination before demanding an explanation.
• S. Cal. Edison Co. & Pac. Gas & Elec. Co. v. Fed. Energy Regulatory Comm'n
  770 F.2d 779· 9th Cir.· 1985-09-03 ·cited 36×·via Arbitrary And Capricious Standard Of Review
  The court held that FERC's promulgation of procedural rules for BPA rate approval did not require notice and comment under the APA, but that the agency failed to apply required Federal Power Act procedures regarding ex parte communications and case-in-chief filing for nonregional
• Bigby v. City OF Chicago & Chicago Police Dep't
  766 F.2d 1053· 7th Cir.· 1985-07-01 ·cited 36×
  The intervenors' claim that the promotion examination violated their due process rights by not being job-related fails because they had no property interest in the promotion and were not deprived of liberty of occupation.
• ST. James Hosp. v. Heckler
  760 F.2d 1460· 7th Cir.· 1985-04-18 ·cited 36×
  The court held that the Malpractice Rule was arbitrary and capricious, lacked an adequate basis and purpose statement, and violated the Medicare Act.
• Ctr. FOR Auto Safety v. Peck
  751 F.2d 1336· D.C. Cir.· 1985-01-08 ·cited 36×
  The court held that the National Highway Traffic Safety Administration (NHTSA) did not act arbitrarily or capriciously in reducing the minimum performance standard for automobile bumpers from 5.0 mph to 2.5 mph.
• Brae Corp. v. United States & Interstate Commerce Comm'n
  740 F.2d 1023· D.C. Cir.· 1984-06-27 ·cited 36×
  The court held that the Interstate Commerce Commission (ICC) failed to adequately consider certain factors and exceeded its statutory authority in deregulating boxcar traffic rates and modifying car hire rules under the Staggers Act.
• Wolf v. Nat'l Shopmen Pension Fund
  728 F.2d 182· 3d Cir.· 1984-02-17 ·cited 36×
  The court affirmed the district court's order granting pension benefits to the plaintiff, Dorothy G. Wolf. The court held that the Pension Fund's denial of benefits was arbitrary and capricious because the waiver of the spouse's 50% pension option was ineffective. The waiver was
• Nagel v. Dep't OF Health & Human Servs.
  707 F.2d 1384· Fed. Cir.· 1983-05-27 ·cited 36×
  The court held that the Merit Systems Protection Board (MSPB) did not commit reversible error in affirming the petitioner's removal, as the board considered relevant factors and its decision was not arbitrary, capricious, or unsupported by substantial evidence.
• Saavedra v. Donovan
  700 F.2d 496· 9th Cir.· 1983-02-04 ·cited 36×
  The court held that the Secretary of Labor's decision was not arbitrary, capricious, or contrary to law, and was supported by substantial evidence, affirming the district court's grant of summary judgment.
• MGPC, Inc. v. Dep't OF Energy
  673 F.2d 1277· Temp. Emer. Ct. App.· 1982-02-17 ·cited 36×
• Am. Trucking Ass'ns, Inc. v. Interstate Commerce Comm'n & United States
  656 F.2d 1115· 5th Cir.· 1981-09-21 ·cited 36×
  The court held that the Interstate Commerce Commission (ICC) had the statutory authority to exempt rail and truck transportation of trailer-on-flatcar (TOFC) and container-on-flatcar (COFC) services from regulation, and that its findings supporting the exemption were not arbitrar
• Couf v. Karleen DeBLAKER
  652 F.2d 585· 5th Cir.· 1981-08-07 ·cited 36×
  The court held that the plaintiffs failed to establish a federal cause of action based on the city's zoning decisions, as the state court's finding of procedural error did not equate to a finding of arbitrary or irrational zoning under federal law, and there was insufficient evid
• Malrite T. v. OF NEW York
  652 F.2d 1140· 2d Cir.· 1981-06-16 ·cited 36×
  The court held that the FCC's decision to repeal syndicated program exclusivity and distant signal carriage rules was a permissible interpretation of the Copyright Act and not arbitrary or capricious.
• Save Lake Washington v. Frank
  641 F.2d 1330· 9th Cir.· 1981-04-13 ·cited 36×
  The court held that the agency's environmental impact statement adequately addressed navigational risks and opposing viewpoints, and that the agency's decision was not arbitrary or capricious. The court also affirmed the dismissal of the Coastal Zone Management Act claims as unti
• Nat'l Lime Ass'n v. Env't Prot. Agency & Douglas M. Costle
  627 F.2d 416· D.C. Cir.· 1980-05-19 ·cited 36×
  The court held that the EPA's new source performance standards for lime manufacturing plants lacked adequate support in the administrative record regarding the achievability of the standards across the industry.
• The Motor & Equip. Mfrs. Ass'n, Inc. v. Env't Prot. Agency & Douglas Costle
  627 F.2d 1095· D.C. Cir.· 1979-08-03 ·cited 36×
  The Administrator has the authority under Section 209(b) of the Clean Air Act to consider waiving federal preemption for California's in-use maintenance regulations, and his decision to do so was not arbitrary, capricious, or otherwise not in accordance with law.
• Masino v. The United States
  589 F.2d 1048· Ct. Cl.· 1978-12-13 ·cited 36×
  The court held that the plaintiff's termination was not arbitrary or capricious, finding no material procedural irregularities and a sufficient nexus between his misconduct and the efficiency of the service.
• Matlovich v. Secretary OF The AIR Force and Colonel Alton J. Thogersen
  591 F.2d 852· D.C. Cir.· 1978-12-06 ·cited 36×·via Arbitrary And Capricious Action
  The court held that the Air Force failed to provide a reasoned explanation for denying an exception to its policy of discharging homosexual service members, making judicial review impossible.
• Bd. OF Educ. OF the City Sch. Dist. OF the City OF NEW York v. Califano
  584 F.2d 576· 2d Cir.· 1978-08-21 ·cited 36×
  The court held that the Emergency School Aid Act (ESAA) and its regulations permit disqualification for discriminatory teacher assignments based on a disparate impact standard, not solely requiring proof of intentional discrimination.
• The Superior OIL Co. v. Fed. Energy Regulatory Comm'n
  563 F.2d 191· 5th Cir.· 1977-11-17 ·cited 36×
  The court held that the Federal Power Commission (FPC) acted within its statutory authority in requiring natural gas producers and their affiliates to submit exploration and development expenditure data via Form 64, and that the rulemaking procedure was proper and reasonable.
• B. J. McADAMS, Inc. v. The Interstate Commerce Comm'n & the United States
  551 F.2d 1112· 8th Cir.· 1977-03-04 ·cited 36×
  The court held that the petition for review was timely filed because the 60-day period began to run upon denial of the petition for general transportation importance, not upon denial of the petition for reconsideration. The court also affirmed the Commission's denial of the carri
• Boyce v. The United States
  543 F.2d 1290· Ct. Cl.· 1976-10-20 ·cited 36×
  The court held that the Civil Service Commission's decision was arbitrary and capricious because it relied on an improper rationale, even if other proper reasons might have existed.
• Gustave D. Toensing v. Brown
  528 F.2d 69· 9th Cir.· 1975-12-29 ·cited 36×
  The court held that trustees' adoption of a recommended differential in pension benefits for active and retired employees was not arbitrary or capricious and did not violate their fiduciary duty under the Labor Management Relations Act.
• Ill. State Journal-Register, Inc. v. Nat'l Labor Relations Bd.
  412 F.2d 37· 7th Cir.· 1969-06-10 ·cited 36×
  The court held that the district managers were employees within the meaning of the Act and constituted an appropriate bargaining unit, and that the Board's order was valid. The court also held that the definition of 'employee' in Section 2(3) informs the definition of 'supervisor
• Tracy v. Gleason
  379 F.2d 469· D.C. Cir.· 1967-05-25 ·cited 36×
  The court held that the Administrator's termination of previously awarded pension benefits is not a "claim" under 38 U.S.C. § 211(a), and therefore is subject to judicial review.
• The City OF Miami v. Zorovich
  195 So. 2d 31· Fla. 3d DCA· 1967-02-07 ·cited 36×
  The City of Miami appealed a trial court decree invalidating its R-5A zoning classification on adjacent property, which prohibited motels while permitting high-rise apartments. The appellate court reversed, holding that the zoning classification was a valid exercise of legislativ
• S. D. Warren Co. v. Nat'l Labor Relations Bd.
  353 F.2d 494· 1st Cir.· 1965-11-08 ·cited 36×
  The court held that the National Labor Relations Board's determination of an appropriate bargaining unit was not arbitrary or capricious, and therefore, the employer's refusal to bargain constituted an unfair labor practice.
• Camero v. The United States
  345 F.2d 798· Ct. Cl.· 1965-05-14 ·cited 36×
  The court held that ex parte communication by adversary counsel in an administrative hearing process violates due process and taints the decision.
• Mary Carter Paint Co. v. Fed. Trade Comm'n
  333 F.2d 654· 5th Cir.· 1964-06-19 ·cited 36×
  The Federal Trade Commission may not deny a party the right to engage in conduct that the Commission's own prior pronouncements and rules explicitly permit.
• Armour & Co. of Del. v. Brown
  137 F.2d 233· Emer. Ct. App.· 1943-08-06 ·cited 36×
  The court held that the Administrator's denial of Armour's application for price adjustment was arbitrary and capricious, as Armour demonstrated it would suffer a substantial loss under the established maximum prices for government contracts.
• Perry v. Simplicity Eng'g
  900 F.2d 963· 6th Cir.· 1990-04-12 ·cited 35×
  The court held that de novo review under ERISA, as mandated by Bruch, applies to the record before the plan administrator, not to new evidence, and affirmed the grant of summary judgment.
• Gustav E. Beerly v. Dep't OF the Treas.
  768 F.2d 942· 7th Cir.· 1985-07-29 ·cited 35×
  The Comptroller's statutory appraisal of dissenting shareholders' shares, conducted without an oral evidentiary hearing, was constitutionally adequate and judicially reviewable under a deferential standard.
• Sierra Club v. The United States Dep't OF Transp.
  753 F.2d 120· D.C. Cir.· 1985-01-25 ·cited 35×
  The court held that the FAA did not violate NEPA by failing to prepare a new EIS and did not violate the Transportation Code by permitting B-737 operations at Jackson Hole Airport.
• Garza v. Miller
  688 F.2d 480· 7th Cir.· 1982-09-10 ·cited 35×·via Arbitrary And Capricious Action
  The court held that the increased security measures at Marion penitentiary, including restrictions on jobs, recreation, and education, did not violate the inmate's due process or equal protection rights, nor did they violate statutory rights to prison employment.
• Coleman v. Darden
  595 F.2d 533· 10th Cir.· 1979-02-23 ·cited 35×
  The court held that the plaintiff's Fifth Amendment claim based on an irrebuttable presumption failed because his application was individually considered and he lacked a constitutionally protected property interest in government employment. The court also held that the Rehabilita
• Warm Springs DAM Task Force v. Lieutenant General William C. Gribble, Jr.
  565 F.2d 549· 9th Cir.· 1977-11-23 ·cited 35×
  The court denied the Task Force's motion for an injunction pending appeal, finding that the district court's determination that the Environmental Impact Statement complied with NEPA was not clearly erroneous and that the public interest favored expediting the appeal on the merits
• Cook v. Whiteside
  505 F.2d 32· 5th Cir.· 1974-12-16 ·cited 35×·via Arbitrary And Capricious Action
  The court held that the inmate's pro se complaint failed to state a claim upon which relief could be granted under 42 U.S.C.A. § 1983.
• Associated Indus. OF NEW York State, Inc. v. The United States Dep't OF Labor
  487 F.2d 342· 2d Cir.· 1973-10-04 ·cited 35×
  The court held that the Department of Labor failed to provide adequate justification and rationale for the lavatory standards promulgated under OSHA, rendering them arbitrary and capricious.
• Great S. Trucking Co. v. Nat'l Labor Relations Bd.
  139 F.2d 984· 4th Cir.· 1944-01-10 ·cited 35×
  The court held that the Board should have considered the company's petition to redetermine the bargaining representative, as the company acted in good faith seeking guidance and the Board's refusal to consider the petition was arbitrary.
• United States v. DOE
  934 F.2d 353· D.C. Cir.· 1991-05-24 ·cited 34×
  The court held that U.S. Sentencing Guidelines § 5K1.1, which allows prosecutors to recommend sentence reductions for substantial assistance, is constitutional.
• Polenz v. Parrott
  883 F.2d 551· 7th Cir.· 1989-08-22 ·cited 34×
  The court held that while the denial of a tavern license did not implicate a protected property interest, the denial of an occupancy permit did, and the case must be remanded to determine if state remedies were inadequate before addressing qualified immunity.
• Int'l Union v. Brock
  783 F.2d 237· D.C. Cir.· 1986-02-11 ·cited 34×
  The DOL's decision not to take enforcement action is nonreviewable, but its pronouncements of new statutory interpretations in explaining that decision are reviewable if standing, finality, and ripeness requirements are met.
• Pokratz v. Jones Dairy Farm
  771 F.2d 206· 7th Cir.· 1985-08-15 ·cited 34×
  The denial of disability benefits was not arbitrary or capricious, but the plaintiff may pursue a claim for benefits withheld due to administrative delay under ERISA § 502.
• Sierra Club & Defenders of Wildlife v. Clark
  755 F.2d 608· 8th Cir.· 1985-02-19 ·cited 34×
  The court should have remanded the case for a finding on whether the regulated taking of timber wolves furthered conservation efforts.
• Nat'l Wildlife Fed'n v. Marsh
  721 F.2d 767· 11th Cir.· 1983-12-19 ·cited 34×
  The court held that HUD lacked the authority to waive the statutory requirement that Community Development Block Grants principally benefit low- and moderate-income persons.
• Am. Friends Serv. Comm. v. Webster
  720 F.2d 29· D.C. Cir.· 1983-09-30 ·cited 34×
  The court holds that tendered disposal schedules must provide reasoned justification for record destruction and affirms the trial judge's evaluation of the schedules presented.