Genuine Auto Parts V EPA: How to Challenge Agency Findings of Fact

This article by Aaron Gershonowitz, discusses how to challenge decisions of fact made
by administrative agencies, based on a recent federal appellate
decision in which a decision by the Environmental
Protection Agency was overturned. In Genuine Auto Parts v
EPA, the court concluded that the agency’s failure to address
an important element of the matter made its decision
“arbitrary and capricious” and “not supported by substantial
evidence.” The article discusses the relationship between
“arbitrary and capricious” and “not supported by substantial
evidence” as independent grounds for overturning an agency
decision and concludes that both require a challenge to the
decision-making process, not a challenge to the substance of
the agency decision and the both require a rational process
so that an agency failure to articulate a reason for its decision
can be grounds for reversal. Published in the September Environmental Claims Journal
click here for the complete article: Genuine Auto Parts Article

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