Hard Look Review
What does "Hard Look Review" mean in law?
A judicial gloss on the APA's arbitrary and capricious standard that requires courts to conduct a thorough, probing, and in-depth review of the agency's reasoning and decision-making process. Developed through cases like Citizens to Preserve Overton Park v. Volpe (1971) and Motor Vehicle Manufacturers Association v. State Farm (1983), hard look review demands that the agency examine the relevant data, articulate a satisfactory explanation for its action, demonstrate a rational connection between the facts found and the choice made, and address significant comments and alternatives. A court conducting hard look review does not substitute its judgment for the agency's but ensures the agency engaged in reasoned decision-making. The agency must show it considered important aspects of the problem and did not make a clear error of judgment.
Definition
A judicial gloss on the APA's arbitrary and capricious standard that requires courts to conduct a thorough, probing, and in-depth review of the agency's reasoning and decision-making process. Developed through cases like Citizens to Preserve Overton Park v. Volpe (1971) and Motor Vehicle Manufacturers Association v. State Farm (1983), hard look review demands that the agency examine the relevant data, articulate a satisfactory explanation for its action, demonstrate a rational connection between the facts found and the choice made, and address significant comments and alternatives. A court conducting hard look review does not substitute its judgment for the agency's but ensures the agency engaged in reasoned decision-making. The agency must show it considered important aspects of the problem and did not make a clear error of judgment.
Example
Under hard look review, the D.C. Circuit remanded an OSHA workplace safety rule because the agency failed to adequately respond to industry comments raising substantial questions about the scientific basis for the proposed exposure limits.