Edward A. Robinson III and Diana R. Robinson - Page 25




                                       - 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).                                         




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