What is the test for holding an administrative review under the Administrative Procedure Act?
MultiRegion, United States of America
The following excerpt is from Natural Res. Def. Council, Inc. v. U.S. Dep't of Transp., 770 F.3d 1260 (9th Cir. 2014):
Under the Administrative Procedure Act, we must hold unlawful and set aside agency action, findings, and conclusions found to be ... arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. 5 U.S.C. 706(2)(A). Review under the arbitrary and capricious standard is narrow, and we do not substitute our judgment for that of the agency. Barnes v. U.S. Dep't of Transp., 655 F.3d 1124, 1132 (9th Cir.2011).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
Is a state's procedure for restoring Second Amendment rights in the form of a judicial review procedure in the context of the Second Amendment? (MultiRegion, United States of America)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
When reviewing administrators’ interpretations of legislation, does the reviewing court need to slip from reasonableness into correctness? (Canada (Federal), Canada)
What is the scope of judicial review under the Administrative Procedure Act? (MultiRegion, United States of America)
What is the test for judicial review of final agency actions under the Administrative Procedure Act? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the procedure upon finding a reviewable error on judicial review? (Canada (Federal), Canada)
What is the test for a judicial review of an Emergency Information System (EIS) prepared in accordance with the Administrative Procedure Act? (MultiRegion, United States of America)
What is the test for an administrative agency to justify its actions under the Administrative Procedure Act? (MultiRegion, United States of America)
