"It's an arbitrary and capricious decision".
The Fish and Wildlife Service's "determination is arbitrary and capricious because it is both illogical and inconsistent with the cautious approach demanded by the E.S.A.," the judge wrote.
The suit filed Thursday in the U.S. Court of Appeals of the District of Columbia Circuit argues that the EPA's 2018 revised determination is "unlawful, arbitrary and capricious".
The suit filed Thursday in the U.S. Court of Appeals of the District of Columbia Circuit argues that the EPA's 2018 revised determination is "unlawful, arbitrary and capricious". The suit asks the court to vacate the rule.
I'm sure, though, that once it realises that, in an affluent country that isn't actually being physically occupied by a hostile foreign foe, enthusiasm for self-determination is a fragile and capricious thing: it won't last for ever.
Review of such an action shall be limited to whether the final determination made under this section was arbitrary and capricious.
Later the Chamber joined states including Texas and Virginia as well as fossil fuel companies in suing the Environmental Protection Agency, claiming that the EPA's determination that greenhouse gases endanger human health was capricious and arbitrary.
Section 113(h) of Dodd-Frank limits legal challenges to "whether the final determination made under this section was arbitrary and capricious". Since the FSOC developed a process for making these designations, winning such a legal challenge had been widely viewed as an uphill battle.
The plaintiffs, led by states such as Texas and Virginia, theU.S. Chamber of Commerceand fossil fuel interests, contended that the agency's determination that greenhouse gases endanger human health was capricious and arbitrary.
Id. at 4. In affirming the grant of summary judgment, the United States Court of Appeals for the Federal Circuit applied the arbitrary and capricious standard in the Administrative Procedure Act to prior court's determination that the second patent had expired.
And, again, I've taken that [pace of litigation] into account by the percentage that I'm awarding". The Court of Chancery's decision to include pre-judgment interest in its determination of the benefit achieved was not arbitrary or capricious, but rather was the product of a logical and deductive reasoning process.
