Tenth Circuit -- Frontier State Bank Oklahoma v. FDIC

Statute bars Article III review of FDIC minimum capital requirements, as there are no discoverable standards to assess them.

Board & ALJ skepticism as to revenue model was reasonable.

FDIC's requirement that bank both increase capital and decrease risk was reasonable.

Agency decisions on liquidity reasonable, as the substantial evidence supporting the agency's conclusions can be a macro assessment of total risk as opposed to assessment of individual strategies.

Given findings on capital, liquidity and risk, per se substantial evidence for mismanagement.

Frontier State Bank Oklahoma v. FDIC