The courts are required to uphold decisions of the EPA unless they find that the agency has acted arbitrarily and capriciously. This is known as the "arbitrary and capricious" standard of review, and it is the highest standard of review applied by courts to agency decisions.

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Courts

Question 27

Multiple Choice

Courts:

A) are required to uphold decisions of the EPA unless the courts find that the agency has acted arbitrarily and capriciously.
B) have no authority to review decisions of the EPA.
C) may disregard the decisions of the EPA and hear appealed cases de novo.
D) may give some weight to the decisions of the EPA, but need not follow the decisions on appeal if the court thinks it can reach a better decision.

Correct Answer: