...on the foreign repairs to the SS Volusia. Since the administrative action under review was not shown to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law," the defendant's motion for summary judgment is granted. Judgment will be entered accordingly. (CD 4709)...

...706(2)(A) of the APA. It requires a court to strike "agency action, findings, and conclusions found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" The standard is deferential because it presumes an agency action to be valid, and it forbids the court's...

...706(2)(A) of the APA. It requires a court to strike "agency action, findings, and conclusions found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" The standard is deferential because it presumes an agency action to be valid, and it forbids the court's...

...findings, and/or conclusions of the consular officer with respect to a visa application are alleged to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. The function of such a Board would be particularly important in immigrant visa cases that affect the reunification...

...) (5 USC 706) allows an appellate court to set aside "agency action, findings and conclusions found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." The Contract Disputes Act (41 USC 609) offers another, more comprehensive, standard of appellate court...

...agencies given broad discretion in carrying out their statutory responsibilities, but a court must uphold an agency's decisions unless it can be proven...arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.4 Thus, the scope of judicial review under this standard is extremely...

...generally given broad discretion in carrying out their statutory responsibilities, but a court must uphold an agency's decisions unless it can be proven...arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.1 Thus, the scope of judicial review under this standard is extremely...

...confounding element is § 706(2X A), which calls for the reviewing court to set aside agency action found to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." The structure of this provision has led the Court to a misleading articulation of it in Overton Park. A....