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The decision articulated a doctrine known as "Chevron deference". [2] Chevron deference consisted of a two-part test that was deferential to government agencies: first, whether Congress has spoken directly to the precise issue at question, and second, "whether the agency's answer is based on a permissible construction of the statute".
However, deference is warranted only if the language of the regulation is ambiguous unless it is plainly erroneous or inconsistent with the regulation. The case expands Chevron deference by giving the agency the highest deference. In Chevron, there was a two-step standard of review. The Chevron standard dealt with "a formal rationale for ...
Courts should be vigilant about ensuring that the government does not just smuggle Chevron deference back into administrative law for a substantial subset of regulatory cases. If early post-Loper ...
Under "Chevron/Auer step two", an agency interpretation only receives deference if it is a "reasonable" interpretation of the statutory language considered with statements of Congressional intent, and is supported by a reasonable explanation.
In two related cases, the fishermen asked the court to overturn the 40-year-old Chevron doctrine, which stems from a unanimous Supreme Court case involving the energy giant in a dispute over the ...
The decision overturns the Chevron v. Natural Resources Defense Council precedent that required courts to give deference to federal agencies when creating regulations based on an ambiguous law.
Chevron deference was very much a product of its time, Sunstein noted. In the 1960s and 1970s, “federal courts had been aggressively reviewing agency action (and inaction), often with the goal ...
National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967 (2005), was a United States Supreme Court case in which the court held that decisions by the Federal Communications Commission (FCC) on how to regulate Internet service providers are eligible for Chevron deference, in which the judiciary defers to an administrative agency's expertise under its governing ...