What is the scope of a federal district court's review of an action brought by the Department of Justice?
MultiRegion, United States of America
The following excerpt is from County of San Diego v. Babbitt, 847 F. Supp. 768 (S.D. Cal. 1994):
A district court's review of an agency action is limited. A district court may only set aside agency action that is "arbitrary and capricious, an abuse of discretion, or otherwise not according to the law." Administrative Procedure Act ("APA"), 5 U.S.C.A. 706(2)(D), (A) (1982). See also Half Moon Bay Fishermans' Marketing v. Carlucci, 857 F.2d 505, 508 (9th Cir.1988).
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