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" Section 706(2) (A) requires a finding that the actual choice made was not 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.' 5 USC ยง 706(2) (A) (1964 ed., Supp. V). To make this finding the court must consider whether... "
Agriculture Decisions: Decisions of the Secretary of Agriculture Under the ... - Page 1080
by United States. Department of Agriculture - 1997
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Annual Report of the Interstate Commerce Commission, Volumes 89-92

United States. Interstate Commerce Commission - Interstate commerce - 1975 - 662 pages
...set out in the Administrative Procedure Act the scope of review is a narrow one whereby a reviewing court must consider whether the decision was based...whether there has been a clear error of judgment. The Supreme Court also dealt with a challenge to the Commission's attempt to alleviate the box car...
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Monthly Labor Review, Volume 100

Labor laws and legislation - 1977 - 694 pages
...was arbitrary and capricious, we must consider whether that 'decision was based on a consideration of relevant factors and whether there has been a clear error of judgment.' After a thorough consideration of all of the evidence presented by the parties, it is clear that both...
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volume 48

United States. Department of Agriculture - Agricultural laws and legislation - 1989 - 826 pages
...Dec. 16 Truck Lines, Inc. v. United States, 371 US 156, 168 (1962). In reviewing that explanation, we must "consider whether the decision was based on a...whether there has been a clear error of judgment." Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc. , supra, at 285; Citizens to Preserve...
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Reports of the United States Tax Court, Volume 81

United States. Tax Court - Government publications - 1984 - 1120 pages
...reviewing court must narrowly consider whether the agency's decision was based on consideration of relevant factors and whether there has been a clear error of judgment. Bowman Transportation, Inc. v. Arkansas"See also 1 K Davis, Administrative Law Treatise, sec. 6:13...
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Oil and Natural Gas Pipeline Rights-of-way: Hearings, Ninety-third Congress ...

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Public Lands - Natural gas pipelines - 1973 - 622 pages
...to make a finding that agency action was not arbitrary, capricious, or an abuse of discretion: . . . the court must consider whether the decision was based...relevant factors and whether there has been a clear error in judgment. . . ." (401 US at 417). The focus of inquiry under the standards of the APA is twofold:...
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Hearings, Reports and Prints of the House Select Committee on Small Business

United States. Congress. House. Select Committee on Small Business - Legislative hearings - 1973 - 1646 pages
...403 US 923 (1971). We cannot substitute our judgment for that of the agency, but it is our duty to consider whether "the decision was based on a consideration...whether there has been a clear error of judgment." Citizens To Preserve Overton Park v. Volpe, 401 US 402, 416 (1971). Ultimately, we believe, that the...
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The Impact of Environmental Standards on Small Business: Hearing ..., Volume 1

United States. Congress. House. Permanent Select Committee on Small Business. Subcommittee on Environmental Problems Affecting Small Business - Environmental law - 1973 - 220 pages
...403 US 923 (1971). We cannot substitute our judgment for that of the agency, but it is our duty to consider whether "the decision was based on a consideration...whether there has been a clear error of judgment." Citizens To Preserve Overton Park v. Volpe, 401 US 402, 416 (1971). Ultimately, we believe, that the...
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Hearings, Reports and Prints of Joint Committee on Congressional Operations

United States. Congress. Joint Committee on Congressional Operations - Legislative hearings - 1973 - 1038 pages
...190 F.2d 601, 602 (1951). 84 Citizens to Preserve Overton Park, Inc. v. Volpe, 401 US 402, 416 (1971) ("the court must consider whether the decision was...based on a consideration of the relevant factors") (emphasis added) ; Wong Wing Hang v. I. & NS, 360 F.2d 715, 719 (2d Cir. 1966), cited with approval...
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Environmental Protection Act of 1973: Hearings, Ninety-third Congress, First ...

United States. Congress. Senate. Committee on Commerce. Subcommittee on the Environment - Environmental law - 1973 - 348 pages
...made was arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, if the decision was based on a consideration of the relevant factors and if there had been a clear error of judgment. Despite the fact that the inquiry into the facts is to...
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Environmental Protection Act of 1973, Hearings Before the Subcommittee on ...

United States. Congress. Senate. Commerce - 1973 - 364 pages
...made was arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, if the decision was based on a consideration of the relevant factors and if there had been a clear error of judgment. Despite the fact that the inquiry into the facts is to...
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