- 113 - entitle the agency implementation to Chevron deference; the agency must also actually invoke the authority delegated. Id. at 226-227, 237. The Court clarified Chevron by stating that the delegation of authority may be either explicit or implicit, and when Chevron deference applies, a reviewing court is obliged to accept the agency’s position if Congress has not previously spoken to the point at issue and the agency’s interpretation is reasonable. Id. at 227, 229. Thus, any regulation entitled to Chevron deference is binding on the courts unless procedurally defective, arbitrary or capricious in substance, or manifestly contrary to the statute. Id. at 227. Precedential value alone, however, does not add up to Chevron entitlement; interpretive rules sometimes may function as precedents, and they enjoy no Chevron status as a class. Id. at 232. Although not limiting Chevron deference to situations where notice-and-comment rulemaking or formal adjudications took place, the Court focused on these attributes and stated they are significant in determining whether Congress contemplated administrative action with the effect of law and whether Chevron deference is appropriate.1 Id. at 230, 231, 233, 234. 1 The Court cites numerous cases where notice-and-comment rulemaking took place, but only one where it did not, and Chevron deference was accorded. United States v. Mead Corp., 533 U.S. 218, 230 n.12, 231 n.13 (2001).Page: Previous 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Next
Last modified: May 25, 2011