Chevron, take two: deference to revised agency interpretations of statutes

Article Abstract:

Courts should apply the same standard of deference under Chevron USA, Inc. v. Natural Resources Defense Council to revised agency interpretations of statutes that the courts apply to initial interpretations. Courts have stated at times that revisions are not entitled to the same deference. Despite such claims, equal levels of deference are usually employed in practice. The reasons that support deference for initial interpretations, expertise, political accountability and Congressional delegation, are equally applicable when an agency interpretation is revised.

Cases, Laws, regulations and rules, Delegated legislation

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Regulatory consent decrees: an argument for deference to agency interpretations

Article Abstract:

Courts should defer to agency interpretations of regulatory consent decrees, applying the decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council. Chevron suggested a more limited role for the courts in statutory interpretation, and interpretation of consent decrees would also be better left to the agencies because of their implications for policy. Courts currently treat regulatory consent decrees as contracts, but that approach is inadequate.

Standards, Powers and duties, Consent decrees

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Congressional intent and deference to agency interpretations of regulations

Article Abstract:

In Chevron USA, Inc. v. Natural Resources Defense Council, the US Supreme Court ruled that deference should be given to how administrative agencies interpret laws in which Congress has delegated them the power to enforce. The author argues that such deference should also be given to how agencies interpret their regulations.

United States, Analysis, Administrative procedure, Administrative law

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