Estate of Eleanor R. Gerson, Deceased, Allan D. Kleinman, Executor - Page 60

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          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 entitled            




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