Review of Factual Determinations

Review of Factual Determinations

Learn about the distinction between substantial-evidence review and arbitrary-and-capricious review of agency determinations of factual issues.


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...