-112- 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).Page: Previous 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Next
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