428
White, J., dissenting
a Government lawyer is another matter entirely. "For the courts to substitute their or counsel's discretion for that of the Commission is incompatible with the orderly functioning of the process of judicial review." Id., at 169. Because the ICC has failed to provide a clear, authoritative construction of "required for intercity rail passenger service," we should return this case to the Commission so that the agency can do its job properly. But we should not strain the Chevron principle by deferring to what we imagine an agency had in mind when it applied a statute. Therefore, I respectfully dissent.
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