 | United States. Interstate Commerce Commission - 1972 - 810 lapas
...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 on a...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... | |
 | 1977 - 694 lapas
...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... | |
 | United States. Department of Agriculture - 1989 - 826 lapas
...choice made." Burlington 48 Agric. Dec. 16 Truck Lines, Inc. v. United States, 371 US 156, 168 (1962). In reviewing that explanation, we must "consider whether...whether there has been a clear error of judgment." Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc. , supra, at 285; Citizens to Preserve... | |
 | United States. Department of Agriculture - 1997 - 714 lapas
...Lines, Inc. v. United States, 37 \ US 156, 168(1962). In reviewing that explanation, 56Agric. Dec. 1045 we must "consider whether the decision was based on...whether there has been a clear error of judgment." Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc., supra, at 285; Citizens to Preserve... | |
 | United States. Department of Agriculture - 1993 - 640 lapas
...discretion, or otherwise not in accordance with law. 5 USC § 706(2)(A). "To make this finding, the court must consider whether the decision was based on a...whether there has been a clear error of judgment. . . . Although this inquiry into the facts is to be searching and careful, the ultimate standard is... | |
 | United States. Tax Court - 1984 - 1120 lapas
...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... | |
 | United States. Congress. House. Select Committee on Small Business - 1973 - 1646 lapas
...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... | |
 | United States. Congress. Joint Committee on Congressional Operations - 1973 - 1038 lapas
...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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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." To make this finding the court must consider whether the decision was based on a consideration... 
