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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 § 706(2) (A) (1964 ed., Supp. V). To make this finding the court must consider whether... "
Regulatory Fair Warning Act of 1998 and the Taxpayers Defense Act: Hearing ... - 45. lappuse
autors: United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law - 2000 - 107 lapas
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Annual Report of the Interstate Commerce Commission, 89-92. sējumi

United States. Interstate Commerce Commission - 1975 - 662 lapas
...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...factors and 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...
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Agriculture Decisions: Decisions of the Secretary of ..., 52. sējums,1. daļa

United States. Department of Agriculture - 1993 - 640 lapas
...and capricious, an abuse of discretion, or otherwise not in accordance with law. 5 USC § 706(2)(A). "To make this finding, the court must consider whether...factors and whether there has been a clear error of judgment. . . . Although this inquiry into the facts is to be searching and careful, the ultimate standard...
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., 48. sējums

United States. Department of Agriculture - 1989 - 826 lapas
...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...factors and whether there has been a clear error of judgment." Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc. , supra, at 285; Citizens...
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Agriculture Decisions: Decisions of the Secretary of ..., 56. sējums,1. daļa

United States. Department of Agriculture - 1997 - 714 lapas
...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 a...factors and whether there has been a clear error of judgment." Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc., supra, at 285; Citizens...
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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 - 1973 - 622 lapas
...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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The Impact of Environmental Standards on Small Business: Hearing ..., 1. sējums

United States. Congress. House. Permanent Select Committee on Small Business. Subcommittee on Environmental Problems Affecting Small Business - 1973 - 220 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...factors and whether there has been a clear error of judgment." Citizens To Preserve Overton Park v. Volpe, 401 US 402, 416 (1971). Ultimately, we believe,...
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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 - 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...factors and whether there has been a clear error of judgment." Citizens To Preserve Overton Park v. Volpe, 401 US 402, 416 (1971). Ultimately, we believe,...
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Hearings, Reports and Prints of Joint Committee on Congressional Operations

United States. Congress. Joint Committee on Congressional Operations - 1973 - 1038 lapas
...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 - 1973 - 348 lapas
...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 lapas
...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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