The state of Alaska and the Alaskan Oil and Gas Association correctly challenged the «threatened» designation as an «arbitrary,
capricious abuse of discretion, or otherwise not in accordance with law».
Not exact matches
In these circumstances, we are clear in our minds that the decision by the newly appointed AG to exercise her
discretion to file a Nolle Prosequi in this matter is an
abuse of discretion, it is
capricious, it is an
abuse of due process and it is not candid.
The agency's refusal to address the issue seemed «arbitrary,
capricious, [or] an
abuse of discretion» — making it a violation
of Chevron, he said.
«According to the Supreme Court, all actions by federal agencies, including rulemakings, must be made on the basis
of evidence, and may not be arbitrary and
capricious or an
abuse of discretion,» Flatt said by email.
Any determination
of the secretary with regard to any particular troubled asset pursuant to this act shall be final, and shall not be set aside unless such determination is found to be arbitrary,
capricious, an
abuse of discretion or not in accordance with the law.