Common Errors in Arbitrary and Capricious Legal Arguments

What Common Mistakes Should I Avoid When Arguing a Case Based on Arbitrary and Capricious Standards?

Avoid 7 core mistakes when arguing arbitrary and capricious review: ignoring the administrative record, misframing the standard, and failing to preserve issues. Courts focus on whether the agency considered relevant factors and explained its decision with record support under the APA. This article covers common pitfalls and how to build a record-based, standard-driven challenge. When […]

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