What is agency deference?

Deference, or judicial deference, is a principle of judicial review. In the context of administrative law, deference applies when a federal court yields to an agency’s interpretation of either a statute that Congress instructed the agency to administer or a regulation promulgated by the agency.

What is the difference between Auer deference and Chevron deference?

Unlike Chevron deference, which requires that a federal court defer to an agency’s interpretation of a statute that the agency administers if the underlying statute is unclear and the agency’s interpretation is deemed reasonable, Auer deference only applies to an agency’s interpretation of its own unclear regulation.

What is the deference doctrine?

The scope of the Chevron deference doctrine is that when a legislative delegation to an administrative agency on a particular issue or question is not explicit but rather implicit, a court may not substitute its own interpretation of the statute for a reasonable interpretation made by the administrative agency.

Can agencies interpret statutes?

Conventionally, when a statute delegates authority to an agency, courts defer to agency interpretations of that statute. Most agencies and scholars view such deference as a grant of permission to the agency to adopt any reasonable interpretation.

What is a logical outgrowth?

If a final rule materially alters the issues in the rulemaking or, if the final rule substantially departs from the terms or substance of the proposed rule, notice is inadequate for the purposes of the Administrative Procedure Act.

What is the intelligible principle doctrine?

Taft stated that Congress must “lay down by legislative act an intelligible principle to which the person or body authorized to [act] is directed to conform,” and concluded that “such legislative action is not a forbidden delegation of legislative power.”

What is the Skidmore deference?

Skidmore deference, in the context of administrative law, is a principle of judicial review of federal agency actions that applies when a federal court yields to a federal agency’s interpretation of a statute administered by the agency according to the agency’s ability to demonstrate persuasive reasoning.

What is delegation doctrine?

The Delegation doctrine is a principle limiting Congress’s ability to transfer its legislative power to another governmental branch, especially the executive branch. This is based on the separation-of-powers concept.

How do you interpret a statute?

Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. A statute can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule.

What is the anti commandeering doctrine?

The anti-commandeering doctrine, recently announced by the Supreme Court in New York v. United States, prohibits the federal government from commandeering state governments: more specifically, from imposing targeted, affirmative, coercive duties upon state legislators or executive officials.

What is the intelligible principle test used for?

Writing for the court, Chief Justice William Howard Taft developed the intelligible principle test, a guiding principle that the United States Supreme Court continues to reference in determining the constitutionality of congressional delegations of authority.

When to give deference to agency rule interpretations?

The upshot: a closely divided Court limited but did not abolish deference to agency rule interpretations. Specifically, the Court held that agencies ought to receive deference to their own rules only when the rules are legitimately ambiguous and the agency’s interpretation is reasonable, among other factors.

When does a court defer to an agency?

Known as Auer deference, the core doctrine of administrative law says courts should defer to agencies’ interpretations of their own ambiguous regulations so long as the interpretation was not “plainly erroneous or inconsistent.”

When did the Supreme Court give agencies deference?

The Supreme Court held in 1945 that courts should defer to the agency’s interpretation of its rule unless it is “plainly erroneous or inconsistent with the regulation,” a standard referred to today as Auer deference. This has generally been viewed as giving agencies a fair amount of latitude (or “deference”) to interpret their rules.

What does Auer deference mean on the Supreme Court?

Auer deference: An intermediate level of deference applies where an agency is interpreting its own regulation.