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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1480

Citation
Section 1480
Parent Document
Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Effective Date
1991-09-26

Other Sections in This Document (88)

Full Text

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The standard for judicial review of informal notice and comment rulemaking is whether the agency action was “arbitrary and capricious.” 5 U.S.C. § 706(2)(A). The scope of review under this standard is narrow, and a court may not set aside an agency rule that is “rational” and “based on a consideration of the relevant factors.” Motor Vehicle Manufacturers Assoc. v. State Farm Mutual,