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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
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.
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.
Because the agency's decision was classified as informal adjudication, the Court found that it would be reviewed under the "arbitrary or capricious" standard of review under Section 706. [ 7 ] Justice Thurgood Marshall , writing for the Court, held § 4(f) "is a plain and explicit bar to the use of federal funds for construction of highways ...
Americans for Safe Access v. Drug Enforcement Administration was a case in which the U.S. Court of Appeals for the D.C. Circuit held that the DEA's denial of a petition by plaintiff Americans for Safe Access for removal of cannabis from Schedule I of the Controlled Substances Act survives review under the deferential arbitrary and capricious standard.
Auer v. Robbins, 519 U.S. 452 (1997), is a United States Supreme Court case that concerns the standard that the Court should apply when it reviews an executive department's interpretation of regulations established under federal legislation.
Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...