9 Montana opinions name it 1 courts 1989–2016 0 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
North Fork Preservation Ass'n v. Department of State Landsgreen2 sentences2012In reviewing an agency decision under the arbitrary and capricious standard, we consider whether the decision was “based on a consideration of the relevant factors and whether there has been a clear error of judgment.” N. Fork Preservation Ass’n v. Dep’t of State Lands, 238 Mont. 451, 465 , 778 P.2d 862, 871 (1989) (citing Marsh v. Oregon Natural Resources Council, 490 U.S. 360, 378 , 109 S. Ct. 1851, 1861 (1989)). 2012In reviewing an agency decision under the arbitrary and capricious standard, we consider whether the decision was “based on a consideration of the relevant factors and whether there has been a clear error of judgment.” N. Fork Preservation Ass’n v. Dep’t of State Lands, 238 Mont. 451, 465 , 778 P.2d 862, 871 (1989) (citing Marsh v. Oregon Natural Resources Council, 490 U.S. 360, 378 , 109 S. Ct. 1851, 1861 (1989)). | 4 | 8 |
Citizens to Preserve Overton Park, Inc. v. Volpered2 sentences2012When making the factual inquiry about whether an agency decision was arbitrary or capricious, we “consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.” N. Fork, 238 Mont. at 465 , 778 P.2d at 871 (quoting Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416 , 91 S. Ct. 814, 823 (1971)). ‘This inquiry must ‘be searching and careful,’ but ‘the ultimate standard of review is a narrow one.’ ”N. Fork, 238 Mont. at 465 , 778 P.2d at 871 (quoting Overton Park, 401 U.S. at 416 , 91 S. Ct. at 823 ). 2012When making the factual inquiry about whether an agency decision was arbitrary or capricious, we “consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.” N. Fork, 238 Mont. at 465 , 778 P.2d at 871 (quoting Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416 , 91 S. Ct. 814, 823 (1971)). ‘This inquiry must ‘be searching and careful,’ but ‘the ultimate standard of review is a narrow one.’ ”N. Fork, 238 Mont. at 465 , 778 P.2d at 871 (quoting Overton Park, 401 U.S. at 416 , 91 S. Ct. at 823 ). | 2 | 2 |
Marsh v. Oregon Natural Resources Councilgreen2 sentences2012In reviewing an agency decision under the arbitrary and capricious standard, we consider whether the decision was “based on a consideration of the relevant factors and whether there has been a clear error of judgment.” N. Fork Preservation Ass’n v. Dep’t of State Lands, 238 Mont. 451, 465 , 778 P.2d 862, 871 (1989) (citing Marsh v. Oregon Natural Resources Council, 490 U.S. 360, 378 , 109 S. Ct. 1851, 1861 (1989)). 2012In reviewing an agency decision under the arbitrary and capricious standard, we consider whether the decision was “based on a consideration of the relevant factors and whether there has been a clear error of judgment.” N. Fork Preservation Ass’n v. Dep’t of State Lands, 238 Mont. 451, 465 , 778 P.2d 862, 871 (1989) (citing Marsh v. Oregon Natural Resources Council, 490 U.S. 360, 378 , 109 S. Ct. 1851, 1861 (1989)). | 1 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Friends of the Wild Swan v. Department of Natural Resources & Conservation
green
2 sentences2012Although our review of agency decisions is narrow, we will not automatically defer to the agency ‘ “without carefully reviewing the record and satisfying [ourselves] that the agency has made a reasoned decision ....’” Friends of the Wild Swan v. Department of Natural Res. & Conservation, 2000 MT 209, ¶ 28 , 301 Mont. 1 , 6 P.3d 972 (quoting Marsh, 490 U.S. at 378 , 109 S. Ct. at 1861 ). 2012Although our review of agency decisions is narrow, we will not automatically defer to the agency ‘ “without carefully reviewing the record and satisfying [ourselves] that the agency has made a reasoned decision ....’” Friends of the Wild Swan v. Department of Natural Res. & Conservation, 2000 MT 209, ¶ 28 , 301 Mont. 1 , 6 P.3d 972 (quoting Marsh, 490 U.S. at 378 , 109 S. Ct. at 1861 ). | 1 | 2012–2012 |
State Ex Rel. Montana Wilderness Ass'n v. Board of Natural Resources & Conservation
green
2 sentences1989It is also worth noting that our decisions in cases decided under MAPA (see, e.g., Thornton v. Comm'r of the Dep't of Labor and Indus. (1981), 190 Mont. 442 , 621 P.2d 1062 ; Wilderness Association, 648 P.2d at 740 ) have recognized the limited scope of review in administrative cases. 1989It is also worth noting that our decisions in cases decided under MAPA (see, e.g., Thornton v. Comm’r of the Dep’t of Labor and Indus. (1981), 190 Mont. 442 , 621 P.2d 1062 ; Wilderness Association, 648 P.2d at 740 ) have recognized the limited scope of review in administrative cases. | 1 | 1989–1989 |
Thornton v. Commissioner of Department of Labor & Industry
green
2 sentences1989It is also worth noting that our decisions in cases decided under MAPA (see, e.g., Thornton v. Comm’r of the Dep’t of Labor and Indus. (1981), 190 Mont. 442 , 621 P.2d 1062 ; Wilderness Association, 648 P.2d at 740 ) have recognized the limited scope of review in administrative cases. 1989It is also worth noting that our decisions in cases decided under MAPA (see, e.g., Thornton v. Comm’r of the Dep’t of Labor and Indus. (1981), 190 Mont. 442 , 621 P.2d 1062 ; Wilderness Association, 648 P.2d at 740 ) have recognized the limited scope of review in administrative cases. | 1 | 1989–1989 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.