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Comparison definition. The arbitrary and capricious standard found in the APA and the substantial evidence standard found in TSCA are different standards, even in the context of an informal rulemaking. Congress specifically went out of its way to provide that 'the standard of review prescribed by paragraph (2)(E) of section 706 [of the APA] shall not apply and the court shall hold unlawful and set aside such rule if the court finds that the rule is not supported by substantial evidence in the rulemaking record . . . taken as a whole.' 15 U.S.C. § 2618(c)(1)(B)(i). 'The substantial evidence standard mandated by [TSCA] is generally considered to be more rigorous than the arbitrary and capricious standard normally applied to informal rulemaking,' Environmental Defense Fund v. EPA, 205 U.S. App. D.C. 139, 636 F.2d 1267, 1277 (D.C. Cir. 1980), and 'afford[s] a considerably more generous judicial review' than the arbitrary and capricious test. Abbott Laboratories v. Gardner, 387 U.S. 136, 143, 87 S. Ct. 1507, 1512, 18 L. Ed. 2d 681 (1967), overruled on other grounds, Califano v. Sanders, 430 U.S. 99, 97 S. Ct. 980, 51 L. Ed. 2d 192 (1977). The test 'imposes a considerable ...

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