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See also Arbitrary and Capricious. Section 706(2) of the APA provides that final agency action, findings, and conclusions may be set aside only if “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A) (2003). “The scope of review under this provision of the APA is a ‘narrow one.’” City of New York v. Shalala, 34 F.3d 1161, 1167 (2d Cir. 1994) (quoting Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 (1971)).


The court may neither “weigh alternatives available to the agency and then determine which is the more reasonable,” Soler v. G. & U., Inc., 833 F.2d 1104, 1107 (2d Cir. 1987), nor “substitute its judgment for that of the agency,” Overton Park, 401 U.S. at 416. Plaintiffs must “clearly demonstrate” that the agency (or Special Master) “‘relied on factors which Congress has not intended it to consider, entirely failed to consider an important aspect of the problem [or] offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed to a difference in view or the product of ...

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