What is the test for setting aside an action by the Department of Justice?
MultiRegion, United States of America
The following excerpt is from Montana Power Co. v. E.P.A., 13 ERC 1385, 608 F.2d 334 (9th Cir. 1979):
A reviewing court may set aside an agency action that is arbitrary, capricious, or an abuse of discretion. 5 U.S.C. Sec. 706(2)(A) (1976). When making this determination, the court ordinarily must give agency interpretations of its regulations upon which the action is based the degree of deference described in Udall v. Tallman, 380 U.S. 1, 85 S.Ct. 792, 13 L.Ed.2d 616 (1965):
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