 | Robert Lee Aston - 2002 - 354 lapas
...agency action, findings, and conclusions found to be: a. Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law b. Contrary...constitutional right, power, privilege, or immunity c. 1n excess of statutory jurisdiction, authority, or limitations, or short of statutory right d. Without... | |
 | United States - 2003 - 992 lapas
...action, findings, and conclusions found tobe (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary...(D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or... | |
 | George D. Pozgar - 2004 - 584 lapas
...agency action, findings, and conclusions found to be (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary...(D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or... | |
 | Robert J. Martineau, David P. Novello - 2004 - 730 lapas
...of EPA rules. A rule must be overturned if it is (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary...authority, or limitations, or short of statutory right; or (D) without observance of procedure required by law.57 These standards, as the courts have recognized,... | |
 | Donald D. Barry, Howard R. Whitcomb - 2005 - 386 lapas
...reviewing court shall "hold unlawful or set aside agency action, findings, and conclusions found to be in excess of statutory jurisdiction, authority, or limitations, or short of statutory right. . . ." The judiciary's construction of this provision, that is, the amount of deference due agency... | |
 | Anthony M. Bertelli, Laurence E. Lynn (jr.) - 2006 - 248 lapas
...in accordance with the law ... contrary to constitutional right, power, privilege, or immunity ... in excess of statutory jurisdiction, authority, or limitations, or short of statutory right . . . without observance of procedure required by law." Chapter 4 describes the political and legal... | |
 | Linda Malone, Scott Pasternack - 2012 - 384 lapas
...not in accordance with law; [2] contrary to constitutional right, power, privilege, or immunity; [3] in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; [or 4] without observance of See supra. procedure required by law."92 Thus, -when a federal government... | |
 | John Fitzgerald Duffy - 2005 - 340 lapas
...(2000) (instructing reviewing court to "hold unlawful and set aside agency action . . . found to be ... in excess of statutory jurisdiction, authority, or limitations, or short of statutory right"). 2. 5 USC § 706 (2000). court asks whether the Congress has addressed the precise question at issue.... | |
 | United Nations Environment Programme - 2007 - 252 lapas
...action, findings, and conclusions found to be - (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary...privilege, or immunity; (C) in excess of statutory The Administrative Procedure Act authorizes judicial review of an agency action such as failure to... | |
 | Jeffrey S. Lubbers - 2006 - 736 lapas
...706(2)(B): "contrary to constitutional right, power, privilege, or immunity" 489 4. APA Section 706(2)(C): "in excess of statutory jurisdiction, authority, or limitations, or short of statutory right" 490 a. The Chevron decision 492 b. Step one of Chevron 494 c. Step two of Chevron 498 d. When does... | |
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The reviewing court shall: 1 . compel agency action unlawfully withheld or unreasonably delayed; and 2. hold unlawful and set aside agency action, findings, and conclusions found to be: a) arbitrary, capricious, an abuse of discretion, or otherwise not... 
