What is the scope of review under the APA?
MultiRegion, United States of America
The following excerpt is from Agor v. Sessions, 17-3231-ag (2nd Cir. 2018):
"On appeal from a grant of summary judgment involving a claim brought under the [APA], we review the administrative record de novo without according deference to the decision of the district court." Karpova v. Snow, 497 F.3d 262, 267 (2d Cir. 2007). "Under 5 U.S.C. 706(2)(A) a reviewing court must hold unlawful and set aside any agency action found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." Id. "The scope of review under the 'arbitrary
Page 3
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the scope of judicial review of a decision made by the Federal Environmental Protection Agency against a request by the Sierra Club for a judicial review? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
What is the scope of an officer’s review of a procurement officer's notes? (Canada (Federal), Canada)
In what circumstances can the Federal Bureau of Investigation and the Office of Personnel Management be reviewed in a judicial review? (MultiRegion, United States of America)
In what circumstances will the Minister of Citizenship and Immigration review the decision of a visa officer under review? (Canada (Federal), Canada)
What is the date a judgment became final on direct review or on collateral review? (MultiRegion, United States of America)
What is the standard of review in the context of a judicial review? (Canada (Federal), Canada)
