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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."
Accordingly, arbitrary and capricious review is understood to be more deferential to agencies than substantial evidence review is. Arbitrary and capricious review allows agency decisions to stand as long as an agency can give a reasonable explanation for its decision based on the information that it had at the time. [19]
The standard of review for rescinding notice and comment rules is the same as that for enacting rules. The rescission was arbitrary and capricious for failing to consider the alternative of requiring airbags and dismissing too quickly the benefits of automatic seat belts. Court membership; Chief Justice Warren E. Burger Associate Justices
The first lawsuit that was filed said the Trump administration violated an administrative law that prevents agencies from adopting arbitrary and capricious actions.
“Until the U.S. Postal Service provides us a policy or an analytic study, it appears arbitrary and capricious,” Ganulin said of the decision to move Klein’s mailbox. “The road is safer now ...
Those groups are arguing that the Administrative Procedures Act, the law that regulates government agencies, bars actions that are “arbitrary, capricious, an abuse of discretion, or otherwise ...
Citizens to Preserve Overton Park v. Volpe (1971) - Important case applying the "arbitrary and capricious" review to rule-making. Motor Vehicles Manufacturers Association v. State Farm (1983) - "arbitrary and capricious" to change rule without considering other options for the change.
The doctors argued the removal was arbitrary and capricious, violating the Administrative Procedure Act and the Paperwork Reduction Act.