The courts
arbitrary and capricious
The standard for striking down agency action under the APA: a rule falls if the agency failed to consider the important factors or explain its reasoning.
In full
Review is deferential in theory and searching in practice. An agency must examine the relevant data and articulate a rational connection between the facts and its choice, must address significant comments, and must acknowledge when it is changing course and explain why. Most successful challenges to major rules are won on this ground rather than on the Constitution.
Also written as: hard look review
Where to go next
Keep going
Browse every term in the glossary, or see the vocabulary in motion in the How government works walkthroughs.
A plain-language explanation for civic education, not legal advice. When in doubt, the official source named above controls.