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.

361 posts

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 […]

Administrative Law Federal Law

Healthcare regulations and the arbitrary and capricious standard

November 24, 2024 • By Jack Gilbert

Under the APA, courts set aside healthcare agency actions if they are “arbitrary and capricious” under 5 U.S.C. § 706(2)(A). This requires a rational explanation grounded in the administrative record and consideration of relevant factors. This article explains the standard, key healthcare contexts, and practical implications for challenges and compliance. In the complex landscape of […]

Administrative Law Civil Law

What is the burden of proof for challenging an arbitrary and capricious agency decision?

November 23, 2024 • By Jack Gilbert

In most arbitrary-and-capricious challenges under the federal APA, the party attacking the agency action bears the burden of showing the decision lacked a rational basis in the administrative record. Courts generally defer to agency expertise but will set aside actions that ignore important evidence, rely on impermissible factors, or offer an unexplained departure from prior […]

Administrative Law Banking/Finance/Securities

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 […]

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 […]

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