What is the test for determining whether an agency's silence is sufficient to determine whether a decision was arbitrary or capricious?
MultiRegion, United States of America
The following excerpt is from Alto v. Jewell, Case No. 11-cv-2276-BAS(BLM) (S.D. Cal. 2015):
reasonably be discerned . . . [but] may not infer an agency's reasoning from mere silence." Arlington v. Daniels, 516 F.3d 1106, 1112 (9th Cir. 2008). The burden is on the plaintiffs to show any decision or action was arbitrary and capricious. See Kleppe v. Sierra Club, 427 U.S. 390, 412 (1976).
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