Environmental Studies Program


Date of this Version



Environmental Studies Undergraduate Student Thesis, University of Nebraska-Lincoln, 2023


Copyright 2023, Ethan Halman Gonzalez


To expand upon that, the State of Utah et al. wants to show the Department of Labor’s “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights” Rule proposed in December 2022, is arbitrary and capricious under the Administrative Procedure Act (APA) and Employment Retirement Income Security Act of 1974 (ERISA). The suit argues that the Department of Labor (DOL) oversteps the APA—as under the APA, the Court “shall… hold unlawful and set aside agency action, findings, and conclusions” that are “in excess of statutory jurisdiction, authority, or limitations,” or “arbitrary capricious, an abuse of discretion, or otherwise not in accordance with law.”2