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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."
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
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.
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]
Unions representing federal employees filed a lawsuit seeking a temporary restraining order and delay of a Feb. 6 deadline to accept a buyout from the Trump administration.
The case appeared before the 2nd Circuit, and on August 4, 2020, the 2nd Circuit Court agreed that DHS failed the arbitrary-or-capricious test. The court opinion stated that "The fact that an alien has been on welfare does not, by itself, establish that he or she is likely to become a public charge" ( New York v. U.S. Dep't of Homeland Sec ...
Judulang v. Holder, 565 U.S. 42 (2011), is a decision by the Supreme Court of the United States involving deportation law and procedure. The case involved a rule adopted by the Board of Immigration Appeals for determining the eligibility of certain long-term resident aliens, when they are facing deportation because of a prior criminal conviction, to apply to the Attorney General for relief.