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Arbitrary and capricious review in financial regulation enforcement

November 21, 2024 • By Jack Gilbert

Courts apply “arbitrary and capricious” review under APA §706(2)(A) to set aside financial enforcement actions lacking reasoned explanation. Agencies must connect facts to conclusions and address key evidence and arguments. This article explains the standard, common enforcement pitfalls, and practical implications for regulated entities. The application of arbitrary and capricious review in financial regulation enforcement […]

Civil Law Explained Consumer Rights

Are there free online legal advice resources available?

November 21, 2024 • By Jack Gilbert

Yes—there are dozens of free online legal advice resources, including legal aid organizations, state court self-help centers, and bar association referral/hotline programs. These sources can explain rights, forms, and next steps, but they don’t replace a licensed attorney for individualized counsel. This article covers the best options, their limitations, and how to use them safely. […]

Administrative Law Court Decision

Arbitrary and capricious challenges in environmental regulation cases

November 20, 2024 • By Jack Gilbert

Courts can vacate an environmental regulation under the APA if it is “arbitrary and capricious” because the agency failed to examine key evidence or explain its decision. The standard requires a reasoned, record-based explanation and consideration of relevant factors, not just a policy preference. This article explains the test, key case law, and how litigants […]

Administrative Law Constitutional Law

Agency discretion limits under arbitrary and capricious review

November 20, 2024 • By Jack Gilbert

Under the APA, courts set aside agency actions that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law” (5 U.S.C. § 706(2)(A)). Agencies must show a rational connection between the facts found and the choice made, consider relevant factors, and explain departures from prior policy. This article outlines how that […]

Administrative Law Constitutional Law

The hard look doctrine’s role in arbitrary and capricious determinations

November 20, 2024 • By Jack Gilbert

Under the APA, courts apply the hard look doctrine to enforce the “arbitrary and capricious” standard by requiring agencies to give a reasoned explanation grounded in the record. If an agency ignores important factors, contradicts evidence, or fails to address alternatives, the action can be set aside. This article explains the doctrine’s origins, how courts […]

Administrative Law Constitutional Law

How to challenge agency rulemaking as arbitrary and capricious

November 20, 2024 • By Jack Gilbert

Under the APA, courts will set aside an agency rule as “arbitrary and capricious” if the agency failed to give a reasoned explanation or ignored key evidence in the record. A successful challenge typically shows the rule conflicts with the statute, relies on improper factors, or fails to address important comments. This article explains the […]

Administrative Law Constitutional Law

Procedural vs. substantive arbitrary and capricious review: What’s the difference?

November 20, 2024 • By Jack Gilbert

Procedural arbitrary and capricious review targets flaws in the agency’s decisionmaking process (e.g., ignored comments or inadequate explanation), while substantive review targets the reasonableness of the outcome based on the record. Both apply under the APA’s “arbitrary, capricious, an abuse of discretion” standard in 5 U.S.C. § 706(2)(A). This article explains the differences, key cases, […]