Hussion v. Madigan, 950 F.2d 1546 (1992)

Citation: Hussion v. Madigan, 950 F.2d 1546 (1992)
Parent Document: Hussion v. Madigan, 950 F.2d 1546 (1992)
Jurisdiction: United States (federal)
Effective Date: 1992-01-24
Original Source: https://www.courtlistener.com/opinion/9003635/hussion-v-madigan/ ↗

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As outlined by the APA, judicial review of informal rulemaking assesses whether an agency’s action is “arbitrary, capricious, an abuse, of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A) (1988). Our review of the agency’s action accords a presumption of administrative regularity and is conducted with some deference to the agency’s determination. Organized Fishermen v. Hodel, 775 F.2d 1544, 1550 (11th Cir.1985), cert. denied, 476 U.S. 1169, 106 S.Ct. 2890, 90 L.Ed.2d 978 (1986). The actual level of *1551deference that we will accord an agency’s construction of the statute it administers has been clearly delineated by the Supreme Court:

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