Review of Factual Determinations
Learn about the distinction between substantial-evidence review and arbitrary-and-capricious review of agency determinations of factual issues.
Transcript
What standard should a court use to review an agency’s factual determinations? For cases of formal rulemaking or formal adjudication, the APA empowers courts to set aside actions that are unsupported by substantial evidence.
I. Meaning of Substantial Evidence Review
What does it mean for a court to determine whether an agency action was supported by substantial evidence? Courts have struggled to define the...