Swallows Holding, Ltd. - Page 24

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          use in applying National Muffler4 compared to Chevron.5  This               
          case may therefore be a good vehicle for appellate guidance on              
          whether National Muffler continues to be in good working order              
          after Chevron, Mead,6 and Brand X.                                          
                                         I.                                           
               The majority begins its analysis, as I agree we should,                
          with the question of whether section 882's phrase “in the manner            
          prescribed by subtitle F” has an unambiguous meaning.  Whether              
          National Muffler or Chevron applies, there is no doubt that if              
          Congress has spoken on the issue, no regulation in conflict can             
          survive.  “If the intent of Congress is clear, that is the end              
          of the matter; for the court, as well as the agency, must give              
          effect to the unambiguously expressed intent of Congress.”                  
          Chevron, 467 U.S. at 842-843; see also National Muffler, 440                
          U.S. at 476.                                                                
               But what materials should a court look at to decide whether            
          a statutory phrase is unambiguous?  The answer is in Natl. R.R.             
          Passenger Corp. v. Boston & Maine Corp., 503 U.S. 407, 417                  
          (1992) (citations omitted):  “a court must look to the structure            

               4 National Muffler Dealers Assn., Inc., v. United States,              
          440 U.S. 472 (1979).                                                        
               5 Chevron U.S.A., Inc., v. Natural Resources Defense                   
          Council, Inc., 467 U.S. 837 (1984).                                         
               6 United States v. Mead Corp., 533 U.S. 218 (2001).                    






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