University:
University of California, Berkeley
Course:
Law 200.2 | Civil Procedure for LL.M.Students
Academic year:

2023
Views:

488

Pages:

1
Author:

Marilyn James

Chevron Deference—Agency interpretations of Does the agency have the authority to issue binding legal rules? If no, Chevron does not apply but the agency may still receive some lesser degree of deference under Skidmore AKA was this action by the agency taken through the rulemaking process If yes, Chevron applies Chevron Deference 1. First, is the question whether Congress has directly spoken to the precise question at issue a. If the intent of Congress is clear, that is the end of the matter i. The court, and agency, must give effect to the unambiguously expressed intent of Congress b. If the Court determines that Congress has not directly addressed the precise question at issue, the Court does not simply impose its own construction of the statute 1. 2. Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency’s answer is based on a permissible construction of the statute a. Use the canons of statutory interpretation to argue whether the agency’s interpretation of the statute is reasonable i. Use the text 1. Strict textual interpretation: plain meaning or dictionary meaning 2. Ordinary social/colloquial meaning ii. Context 1. A word is known by the company it keeps 2. A term within a statute may be used consistently and provide meaning 3. Clarify ambiguity with other statutes that use the same phrase 4. Expression of one excludes others but every word used must be given effect iii. History/policy 1. Legislative history 2. If yes, the intent of Congress is clear Has Congress directly spoken to the precise question at issue? If no, Congress has not directly addressed the precise question at issue AKA the statute is silent or ambiguous The Court, and agency, must give effect to the unambiguously expressed intent of Congress Is the agency's answer based on a permissible construction of the statute? Use canons of statutory interpretation to argue whether the agency's interpretation is reasonable