Senate bill 343, S. 343, Arbitrary and capricious review, Agency action
Administrative Law | Public Law and Legal Theory
Senate bill 343, at least, is careful to say that upon denial of a petition, the denial should be deemed "agency action" for purposes of judicial review. Only at one point in the legislation does the statute speak explicitly to the standard, and that's with respect to the petition for putting an existing major rule on the schedule for analysis. The bill says that the agency's action shall be overturned by the court only on the determination that the action was arbitrary and capricious or an abuse of discretion, which is what we assumed the standard would have been for petition denial.
Moreover, S. 343 expands the nature of the agency's obligation to explain itself on denial, and requires the agency to give a response to each significant factual and legal claim that forms the basis of the petition.
Farina, Cynthia R., "Judicial Review of Petitions" (1996). Cornell Law Faculty Publications. 764.
Published in: Administrative Law Review, vol. 48, no. 3 (Summer 1996).