Standard Of Review For Agency Action (Arbitrary, Capricious, Abuse Of Discretion)

13 Florida cases classified under this topic · sorted by citation count · browse and sort

• Library OF Congress v. Fed. Labor Relations Auth.
  699 F.2d 1280· D.C. Cir.· 1983-02-25 ·cited 76×
  The court held that the Federal Labor Relations Authority (FLRA) correctly determined that union bargaining proposals concerning employee working conditions, even if requiring recommendations to another agency with exclusive control, are within the scope of the Library of Congres
• Adler v. Lewis
  675 F.2d 1085· 9th Cir.· 1982-04-30 ·cited 46×
  The Secretary complied with the requirements of section 4(f) of the Department of Transportation Act of 1966, as the project included all possible planning to minimize harm to parkland and no feasible or prudent alternative existed.
• Am. Fed'n OF Gov't Emps., Local 1760, AFL-CIO v. Fed. Labor Relations Auth.
  786 F.2d 554· 2d Cir.· 1986-03-24 ·cited 38×
  The court held that the release of employee addresses to the Union was not prohibited by law under the Privacy Act, balancing the modest privacy interest against the Union's need for communication.
• Bureau OF Alcohol v. Fed. Labor Relations Auth.
  672 F.2d 732· 9th Cir.· 1982-03-22 ·cited 22×
  The court held that the Federal Labor Relations Authority's interpretation that 5 U.S.C. § 7131(a) authorizes official time, travel expenses, and per diem for employee representatives engaged in midterm collective bargaining negotiations is reasoned and supportable and thus entit
• Farmland Indus., Inc. v. United States & Interstate Commerce Comm'n
  642 F.2d 208· 7th Cir.· 1981-03-03 ·cited 20×
  The court held that the ICC's policy statement allowing consideration of opportunity costs in railroad abandonment decisions was a valid policy statement, not a new rule, and was within the ICC's statutory authority and not arbitrary or capricious.
• Phelps Dodge Corp. v. Fed. Mine Safety & Health Review Comm'n
  681 F.2d 1189· 9th Cir.· 1982-07-22 ·cited 14×
  The court held that the agency's interpretation of the regulation was not plainly erroneous or inconsistent with its language, and therefore should be affirmed.
• Blue v. Lacy
  857 F.2d 479· 8th Cir.· 1988-09-20 ·cited 10×
  The Parole Commission may consider disputed allegations of criminal activity in a PSI, even if the sentencing court disregarded them, if the Commission finds the information sufficiently accurate for its purposes.
• S. Ga. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  699 F.2d 1088· 11th Cir.· 1983-03-07 ·cited 9×
  The court held that the Federal Energy Regulatory Commission's (FERC) interpretation of its regulation, which determined the 36-month period for filing a new base tariff began on August 1, 1977, was reasonable and entitled to deference.
• Brock v. Dun-Par Engineered Form Co.
  843 F.2d 1135· 8th Cir.· 1988-04-06 ·cited 4×
  The court held that the Occupational Safety and Health Review Commission erred in shifting the burden of proof to the Secretary to demonstrate the availability of alternative compliance measures.
• Citizens TO Preserve Foster Park v. Volpe
  466 F.2d 991· 7th Cir.· 1972-08-31 ·cited 4×
  The court affirmed the denial of a preliminary injunction, finding plaintiffs failed to show probable success on the merits regarding alleged violations of environmental and highway acts.
• NEW York State Elec. & GAS Corp. v. Fed. Energy Regulatory Comm'n
  875 F.2d 43· 3d Cir.· 1989-02-15 ·cited 2×
  The court held that the Commission's interpretation of an ambiguous settlement agreement, which favored North Penn's calculation of refunds based on gas sales volume, was rational and entitled to deference.
• Compton v. United States Dep't OF Energy
  706 F.2d 260· 8th Cir.· 1983-05-11
  The court held that the Merit Systems Protection Board (MSPB) did not abuse its discretion in refusing to order a compliance hearing for the first reduction in force (RIF) and was not bound by its prior decision on the competitive area for the second RIF.
• Varienne M. Almond v. Dep't of Transp. (federal Aviation Administration)
  701 F.2d 34· 5th Cir.· 1983-03-21
  The court held that the Merit Systems Protection Board did not abuse its discretion in dismissing an administrative appeal as untimely when the delay was solely due to counsel's inadvertence.