What is the test for determining whether a Secretary of State acted within his authority or capricious or abuse of authority in making a decision that would otherwise have been overturned?

MultiRegion, United States of America

The following excerpt is from Arizona Past and Future Foundation, Inc. v. Lewis, 722 F.2d 1423 (9th Cir. 1983):

First, the reviewing court must determine whether the Secretary acted within the scope of his authority and whether his decision was reasonably based on the facts contained in the administrative record. Second, the reviewing court must determine whether the Secretary's decision was arbitrary, capricious or an abuse of discretion because he failed to consider all relevant factors or made a clear error of judgment. Third, the reviewing court should decide whether the Secretary complied with the applicable procedural requirements. See Overton Park, 401 U.S. at 415-417, 91 S.Ct. at 823-824; Adler v. Lewis, 675 F.2d 1085, 1091 (9th Cir.1982). 4

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