Author Question: The Food and Drug Administration has a ______ annual budget. a. 100 million b. 40 million c. 4 ... (Read 43 times)

segrsyd · **on:** Jun 24, 2018

The Food and Drug Administration has a ______ annual budget.
a. 100 million
b. 40 million c. 4 million d. 4 billion
e. 400 billion

Question 2

Arbitrary and Capricious Test. Congress passed legislation in 1966 that required the National Highway Traffic Safety Administration (NHTSA) to adopt automobile safety standards. Among the standards required by Section 203 of the act are rules for grading the quality of au-tomobile tires. In 1975, the NHTSA adopted tread-wear regulations based on certain road-testing procedures. In 1983, as part of the Reagan administration's program of deregulation, the NHTSA indefinitely suspended the tire-quality regulations. The NHTSA contended that the standards were too costly for the economically troubled U.S. automobile industry and that the test procedures were not sufficiently reliable. Public Citizen, a public-interest group, sued the NHTSA, claiming that the suspension of the tire-quality standards was arbitrary and capricious. Will the court agree? Discuss.

b614102004 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

d

Answer to Question 2

Arbitrary and capricious test
Yes. The court agreed that the decision was arbitrary and capricious. The record neither supported the NHTSA's finding that the tire-quality regulations should be suspended nor explained why available alternatives could not correct many of the problems NHTSA had identified. The court could find nothing to justify the NHTSA's indefinite suspension of the most meaningful component of the express statutory command that a tire grading program be established. The court held that the suspension of the tire-quality standards was unlawful and ordered that the suspension be lifted and the 1975 standards reinstated.