- 60 - is binding on the courts unless procedurally defective, arbitrary or capricious in substance, or manifestly contrary to the statute. Id. at 227. II. Mead It is “plain error for [courts] to rely on” Chevron in determining what deference to give agency actions without considering Mead. Am. Fedn. of Govt. Employees, AFL-CIO v. Veneman, 284 F.3d 125, 129 (D.C. Cir. 2002). In Mead, the Supreme Court clarified the limits of Chevron deference owed to an agency’s interpretation of a statute it administers. The Supreme Court held that an agency’s interpretation of a particular statutory provision qualifies for Chevron deference when (1) Congress delegated authority to the agency to make rules or regulations carrying the force of law, and (2) the agency interpretation claiming deference was promulgated in the exercise of that authority. United States v. Mead Corp., supra at 226-227, 237; Pool Co. v. Cooper, 274 F.3d 173, 177 n.3 (5th Cir. 2001). Furthermore, “mere ambiguity in a statute is not evidence of congressional delegation of authority”, agency authority is not to be lightly presumed, and courts should not presume a delegation of power based solely on the fact that there was not an express withholding of such power. Michigan v. EPA, 268 F.3d 1075, 1082 & n.2 (D.C. Cir. 2001). When an agency’s interpretation of a particular statutory provision does not qualify for Chevron deference, it is entitledPage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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