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The Chevron Doctrine
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Step One of Chevron
Determines whether the statute is ambiguous concerning the issue a court is evaluating. If the statute is clear, that clarity ends the court's inquiry.
Reasonableness in Chevron's Step Two
The agency's interpretation need not be the only possible reading of the statute or even the reading the court would have chosen but must fall within the bounds of reasonable interpretation.
Chevron Step Zero
An initial inquiry to determine if Chevron framework applies at all – it assesses whether the agency interpretation is the kind Congress intended to receive deference.
Post-Chevron Statutory Clarifications
Congress can update or clarify statutes to limit or refine the scope of ambiguity and thus the reach of Chevron deference.
Domain Specificity
The doctrine's application may vary based on the regulatory domain, taking into account the expertise of the agency in that specific area.
Policy Rationale for Chevron Deference
Courts defer to agencies in recognition of the expertise of the agency officials and the accountability of the executive branch to provide more consistent interpretations.
Impact of Chevron on Rulemaking
The anticipation of Chevron deference can encourage agencies to engage in rulemaking rather than case-by-case adjudication.
Critiques of Chevron Deference
Critics argue that it shifts too much power to the executive branch, undermines judicial authority, and that it may lead to agencies stretching their jurisdiction.
Step Two of Chevron
If the statute is ambiguous, the court must defer to the agency's interpretation as long as it is 'reasonable'.
Origins of the Chevron Doctrine
Established by the U.S. Supreme Court in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), it set the framework for judicial review of administrative decisions.
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