Please enable JavaScript.

Coggle requires JavaScript to display documents.

CHALLENGE TO AGENCY INTERPRETATION, Ex: MCI: FAILED at Step 1 - "…

- - - - The weight of an agency interpretation in a particular case will depend on:
        
        The thoroughness evident in its consideration
        
        The validity of its reasoning
        
        Its consistency with other interpretations or pronouncements (both earlier and later)
        
        Other sources of weight re: the power to persuade (formality, expertise, etc.)
        
        Ex: Mead: PASSED
    - - Step 1: Has Congress directly spoken to the precise question at issue? Is Congress' intent clear and unambiguous?
        
        The statute controls
        
        Step 2: The statute is silent or ambiguous re: the specific issue. Is the agency's answer permissible/reasonable? Is it within the realm or space of interpretation?
        
        Ex: Chevron: PASSED
        
        NOTE: VERY DEFERENTIAL. Kind of like rational basis review
    - - ALSO CONSIDER:
        Formality, deliberateness, force of law, precedential effect, etc.
  - - - Also relevant: situations in which an agency claims large-scale power that it has not exercised before (stare decisis)