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" Normally, an agency rule would be arbitrary and capricious if the agency has relied on factors which Congress has not intended it to consider, entirely failed to consider an important aspect of the problem, offered an explanation for its decision that... "
A Rush to Regulate: The Congressional Review Act and Recent Federal ... - Página 132
por United States. Congress. House. Committee on Government Reform. Subcommittee on Energy Policy, Natural Resources, and Regulatory Affairs - 2002 - 593 páginas
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volumen55

United States. Department of Agriculture - 1996 - 880 páginas
...failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or...difference in view or the product of agency expertise." Id. Because the MA's decision appears arbitrary on the basis of the record before this court, this case...
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Agriculture Decisions: Decisions of the Secretary of ..., Volumen52,Parte1

United States. Department of Agriculture - 1993 - 640 páginas
...failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or...difference in view or the product of agency expertise. Motor Vehicle Mfrs. Ass'n v. State Farm Mutual, 463 US 29, 43 (1983). The standard does not change...
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The Regulatory Reform Act: Hearing Before the Subcommittee on Administrative ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure - 1984 - 658 páginas
...failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency or...it could not be ascribed to a difference in view or a product of agency expertise. "£/ The Court thus 6/ HRRep. No. 97-435, 97th Cong., 2d Sess. 179-180...
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The Regulatory Reform Act: Hearing Before the Subcommittee on Administrative ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure - 1984 - 628 páginas
...failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency or...it could not be ascribed to a difference in view or a product of agency expertise. "8/ The Court thus 6/ HRRep. No. 97-435, 97th Cong., 2d Sess. 179-180...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volumen463

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1986 - 1316 páginas
...failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or...difference in view or the product of agency expertise. The reviewing court should not attempt itself to make up for such deficiencies; we may not supply a...
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Review of the Federal Energy Regulatory Commission's Order No. 436: Hearings ...

United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Energy Regulation and Conservation - 1986 - 1076 páginas
...to^con«M«r en .imnartaot osoefit «<_the problem, offered an explanation for its decision tnafnns cuunier to the evidence before the agency, or is so implausible...difference in view or the product of agency expertise. The reviewing court should not attempt itself to make. up for such deficiencies: We may not supply...
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Review of the Federal Energy Regulatory Commission's Order No. 436: Hearings ...

United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Energy Regulation and Conservation - 1986 - 1076 páginas
...«'_the problem, offered an explanation for its decision mat runs cuunier to the evidence before tht agency, or is so implausible that it could not be...difference in view or the product of agency expertise. The reviewing court should not attempt itself to make. up for such deficiencies: We may not supply...
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Discretion in Criminal Justice: The Tension Between Individualization and ...

Lloyd E. Ohlin, Frank J. Remington - 1993 - 390 páginas
...failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or...difference in view or the product of agency expertise." If such "hard look"135 review is appropriate for the NHTSA decision on passive restraints in vehicles,...
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Reports of the Tax Court of the United States, Volumen101

United States. Tax Court - 1993 - 650 páginas
...failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or...difference in view or the product of agency expertise. * * * [Motor Vehicle Manufacturers Association v. State Farm Mut. Ins. Co., supra at 43.] Furthermore,...
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Regulating Toxic Substances: A Philosophy of Science and the Law

Carl F. Cranor - 1993 - 273 páginas
...failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or...difference in view or the product of agency expertise. 185 The substantial evidence test is required by the Occupational Safety and Health Act for court review...
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