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The decision is notable for laying out the Supreme Court's interpretation of arbitrary and capricious review, also known as "hard look" review, [16] as set out by the Administrative Procedure Act: [A] reviewing court may not set aside an agency rule that is rational, based on consideration of the relevant factors and within the scope of the ...
When made by administrative agencies, decisions concerning mixed questions of law and fact are subjected to arbitrary and capricious review. Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review."
The Administrative Procedure Act (APA), Pub. L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations, and it grants U.S. federal courts oversight over all agency actions. [2]
The doctors argued the removal was arbitrary and capricious, violating the Administrative Procedure Act and the Paperwork Reduction Act.
State Farm (1983) - "arbitrary and capricious" to change rule without considering other options for the change. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984) - What level of deference should an agency's interpretation of its own statute receive in areas where such interpretations were intended by Congress to have the ...
However, he stated that the reasoning provided failed the Administrative Procedure Act (APA) as it was arbitrary and capricious, based on a "plainly incorrect factual premise" that the DACA program was illegal simply because the DAPA had been found illegal via United States v. Texas.
The final tool is the Administrative Procedure Act itself, in cases where private parties have already sued (or will soon sue) to challenge Biden-era regulations.
In addition, the business seeks a judgment that the standard is arbitrary and capricious under the Administrative Procedure Act, and to set aside the Board’s ruling. Finally, they are seeking ...