...case. 1 10. Overton Park, 401 US at 416 (emphasis added). 28 THE ADMINISTRATIVE LAW JOURNAL [Vol. 10:1 To make this finding the court must consider whether...factors and whether there has been a clear error of judgment.1" The opinion follows by speaking in the singular of "this inquiry.""2 For present purposes...

..."arbitrary, capricious" standard of review is highly deferential. Under that standard, a reviewing court "must consider whether the decision was based on a consideration of relevant factors and whether there has been a clear error of judgment." Citizens to Preserve Overton...

...Supreme Court doesn't get it. Overton Park prescribes that a court reviewing an agency's policy must ask "whether the decision was based on a consideration of the relevant factors.'"" Do the factors that are "relevant" and therefore must be considered by the agency include the policies...

...decision was arbitrary. capricious or an abuse of discretion. This assessment requires an evaluation of whether "the decision was based on a consideration...whether there has been a clear error of judgment." Id. at 4l6. 9l S.Ct. at 823-24. 28 L.Ed.2d at l53. Although the judicial inquiry should be penetrating....

...limited review, National TVnrary Employees Union v. Homer, 854 F.2d 490, 498 (DCCir. 1988), [a] reviewing court must "consider whether the decision was based...the relevant factors and whether there has been a dear error of judgment — Although this inquiry into the facts is to be searching and cartful, the...

...aspects to the issue in question. Specifically, the court's role is to determine" • Whether an agency's decision was based on a consideration of the relevant...Whether there has been a clear error of judgment. Under the arbitrary and capricious standard, the agency's administrative record must contain sufficient...

...administrative record). Under the arbitrary and capricious prong, the court examines whether the agency's decision "was based on a consideration of the relevant...factors and whether there has been a clear error of judgment."8 The "not in accordance with the law" analysis requires the court to determine whether another...

...case. 1 10 Ovrrton Park, 401 US at 416 (emphasis added). 28 THE ADMINISTRATIVE LAW JOURNAL [Vol. 10:1 To make this finding the court must consider whether...factors and whether there has been a clear error of judgment."1 The opinion follows by speaking in the singular of "this inquiry.""2 For present purposes...

...limited review, National TYnuury Employe** Union V. Homer. 854 F£d 490, 498 (DCCir. 1988), (a] reviewing court must "consider whether the decision was based...the relevant factors and whether there has been a dear error of judgment Although this inquiry into the facts is to be searching and careful, the ultimate...

...discretion" or arbitrary and capricious action.* This standard limits the permissible court inquiry to whether the decision was based on a consideration...whether there has been a clear error of judgment.' If plan language is not sufficiently clear, a court will review the claim from scratch, applying a...