Administrative Law

Explore a comprehensive collection of content dedicated to the nuances of administrative law, including insightful articles, expert interviews with attorneys, and clear definitions of key legal terms. Visitors will find valuable resources on regulatory compliance, agency procedures, and the interplay between government entities and citizens. Stay informed on critical legal topics that shape public administration and individual rights.

365 posts

Technology regulations facing arbitrary and capricious challenges

December 15, 2024 • By Jack Gilbert

Technology regulations are frequently overturned when agencies can’t justify them with a clear, evidence-based record under the Administrative Procedure Act’s “arbitrary and capricious” standard. Recent litigation has heightened scrutiny of how regulators assess risks, costs, and alternatives in fast-moving tech markets. This article explains the legal test, common vulnerabilities in tech rulemaking, and strategies for […]

Administrative Law Appeals

What is required to prove that an agency’s decision is arbitrary and capricious?

December 15, 2024 • By Jack Gilbert

To prove an agency decision is “arbitrary and capricious” under the APA, you must show the agency lacked a rational basis—failing to consider important factors, relying on irrelevant considerations, ignoring evidence, or inadequately explaining its choice. Courts generally uphold agency action if the record shows reasoned decision-making, but will set it aside when the agency’s […]

Administrative Law Appeals

How is the arbitrary and capricious standard applied in court?

December 13, 2024 • By Jack Gilbert

Courts apply the arbitrary and capricious standard by checking whether an agency examined the relevant data and offered a rational explanation for its decision. Judges uphold the action if the agency considered important factors and connected facts to its choice, and set it aside if reasoning is unsupported, inconsistent, or ignores evidence. This article explains […]

Administrative Law Appeals

Scope of Judicial Review Under the Arbitrary and Capricious Standard

December 13, 2024 • By Jack Gilbert

Under the APA, courts set aside agency action that is “arbitrary and capricious” when the agency failed to give a reasoned explanation or ignored important evidence. Review focuses on the administrative record and whether the agency considered relevant factors and explained its choice. This article outlines what judges can and cannot evaluate, key case law, […]

Administrative Law Civil Litigation

T-Mobile and Sprint Challenge FCC Privacy Fine in DC Circuit Court

December 3, 2024 • By Jack Gilbert

T-Mobile and Sprint are asking the D.C. Circuit to overturn the FCC’s privacy fine for alleged unlawful sharing of customer location data. The carriers argue the FCC exceeded its authority and misapplied federal privacy rules governing telecommunications providers. This article explains the fines, the legal arguments on appeal, and what the case could mean for […]

Administrative Law Civil Litigation

Environmental Law: Green Groups Challenge Oil Drilling Standing Requirements

December 2, 2024 • By Jack Gilbert

Environmental groups can challenge oil and gas drilling approvals only if they prove Article III standing—typically a concrete, particularized injury that is traceable to the decision and likely to be redressed by the court. Recent cases have tightened how courts evaluate causation and redressability in climate and environmental suits. This article explains the standing requirements, […]

Administrative Law Civil Litigation

What does “arbitrary and capricious” mean in legal terms?

December 1, 2024 • By Jack Gilbert

“Arbitrary and capricious” is a U.S. administrative law standard in 5 U.S.C. § 706(2)(A) allowing courts to invalidate agency actions lacking a rational, fact-based explanation. It applies when an agency ignores key evidence, contradicts its record, or fails to explain a policy change. This article explains the test, common examples, and how courts review agency […]

Administrative Law Civil Litigation

Challenging Arbitrary and Capricious Agency Decisions: Legal Strategies

December 1, 2024 • By Jack Gilbert

You can challenge an arbitrary and capricious agency decision by filing an APA suit in federal court, typically within 6 years under 28 U.S.C. § 2401(a). Courts set aside actions that lack a rational explanation, ignore key evidence, or depart from required procedures. This article outlines legal standards, record-based tactics, and recent developments affecting these […]

Administrative Law Appeal Process

Arbitrary and Capricious Review in Immigration Law Decisions

November 28, 2024 • By Jack Gilbert

“Arbitrary and capricious” review is the deferential standard courts use to overturn an immigration decision only when the agency fails to offer a reasoned explanation grounded in the record and law. Rooted in the Administrative Procedure Act, it requires decisionmakers to consider relevant evidence, explain departures from prior practice, and avoid clear errors of judgment. […]

Administrative Law Appeal Process

What Types of Evidence Are Essential to Support Claims of Arbitrary and Capricious Behavior?

November 27, 2024 • By Jack Gilbert

To support a claim that an agency acted arbitrarily and capriciously, the most essential evidence is a complete administrative record showing the decision lacked a rational connection between the facts found and the choice made. Strong support typically includes key documents, data, internal communications, departures from past practice, and proof the agency ignored important factors […]

Administrative Law Banking and Finance Law

How Does Data Privacy Compliance Differ for Small vs. Large Businesses?

November 26, 2024 • By Jack Gilbert

Large businesses typically spend 3–5× more on data privacy compliance than small businesses due to scale, staffing, and audit demands. Small firms rely on simpler policies and vendor controls, while large enterprises maintain dedicated privacy teams, DPIAs, and ongoing monitoring. This article compares obligations, costs, and practical steps for both sizes. In today’s digital age, […]

Administrative Law Federal Law

Cost-benefit analysis in arbitrary and capricious review: Best practices

November 24, 2024 • By Jack Gilbert

A defensible cost-benefit analysis for arbitrary and capricious review should quantify major costs and benefits and document assumptions in the administrative record—courts often vacate rules when agencies ignore significant costs. It must address reasonable alternatives, explain tradeoffs, and respond to material comments with evidence. This article outlines practical steps to build, present, and litigate CBA […]

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