agency action
- formal adjudication or rulemaking – substantial evidence
- substantial evidence in light of ENTIRE record (Univ. Camera Corp. v. NLRB)
- court should uphold if reasonable mind would accept evidence as adequate to support a conclusion
- deference to ALJ if decision based on witness credibility
- informal rulemaking – arbitrary and capricious
- take a “hard look” at whole record (See Overton Park)
- need evidence (See Automotive Parts v. Boyd)
- rejected post hoc rationalizations (Nat’l Tire Dealers & Retreaders)
- procedural standard b/c consider all evidence
- JM – not sure standard is different than substantial evidence
- same standard for rescission (See State Farm)
- new issues or procedural inadequacies in agency action – de novo
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