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" The reviewing court shall — (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be — (A) arbitrary, capricious, an abuse of discretion, or otherwise... "
A Guide to Federal Agency Rulemaking - Page 279
by Administrative Conference of the United States. Office of the Chairman - 1983 - 309 pages
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 464

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1986 - 996 pages
...found to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" or "in excess of statutory jurisdiction, authority, or limitations, or short of statutory right." §§ 706(2)(A) and (C). Opinion of the Court 464 US 166 (1971)." Guided by these principles, we turn...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 65

United States. Customs Court - 1970 - 1246 pages
...not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right ; (4) without observance of procedure required by law; (5) unsupported by substantial evidence in any...
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Agriculture Decisions: Decisions of the Secretary of ..., Volume 62, Parts 1-4

United States. Department of Agriculture - 2003 - 544 pages
...976F.2d 763, 769 (1st Cir. 1992)). As applicable to Harvey's challenges, the APA provides that this Court "shall": ( 1) compel agency action unlawfully...(D) without observance of procedure required by law; 62 Agric. Dec. 621 557 of this title or otherwise reviewed on the record of an agency hearing provided...
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Court Decisions Relating to the National Labor Relations Act, Volume 9

United States. National Labor Relations Board - 1954 - 1568 pages
...not in accordance with law; (2) contrary to constitutional right, powor, privilege, or immunity ; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required by law; (5) unsupported by substantial evidence * * *....
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Amendment of the Fair Labor Standards Act: Hearings, Sept. 25-Oct. 26, 1945

United States. Congress. Senate. Committee on Education and Labor - 1945 - 1540 pages
...not in accordance with law: (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without due observance of procedure required by law; (5) unsupported by competent, material, and...
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Amendment of the Fair Labor Standards Act: Hearings Before a Subcommittee of ...

United States. Congress. Senate. Committee on Education and Labor - 1945 - 1572 pages
...not in accordance with law: (2) contrary to constitutional right, power, privilece, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4j without due observance of procedure required by law; (5) unsupported by comix-tent, material, and...
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Revised Edition of Laws Applicable to the United States Department ..., Volume 2

United States - 1945 - 1138 pages
...not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required by law; (5) unsupported by substantial evidence in any...
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Administrative Procedure Act: With Explanation, Approved June 11, 1946

United States, Commerce Clearing House - 1946 - 56 pages
...not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required by law; (5) unsupported by substantial evidence in any...
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Amend Federal Trade Commission Act: Hearings Before a Subcommittee of the ...

United States. Congress. House. Committee on Interstate and Foreign Commerce - 1946 - 610 pages
...not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity ; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without due observance of procedure required by law; (5) unsupported by competent, material, and...
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Interstate Commerce Acts Annotated

United States. Interstate Commerce Commission - 1946 - 630 pages
...not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required by law; (5) unsupported by substantial evidence in any...
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