Leg Reg Flowchart - Spring 2021 - Leib PDF

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Summary

Outline...

Description

there would not be an adequate

No

Agency Interpretation of Statutes

Things to Is statute ambi COURT says, not

Mead Test:

Why defer to ag -Intentions of Con -Accountability -Avoid ossification

Fail

Pass

Chevron Deference (1) The thoroughness of the agency's investigation (2) The validity of its reasoning (3) The consistency of its interpretation over time (4) Other persuasive powers of the agency

(no elephants in mouseholes!) MCI: Apply Textualism here!

permissible/reasonable?

State Farm “Hard Look” Test: Policymaking Decisions:

Implications of -Judicial preceden agency interpretat if the precedent de statute was unam -If ambiguous, def

Was it arbitrary or capricious?

Preemption Def -Defer to agency’s about the substan impact of state law federal reg, but th question of preem remains with the C -Do Mead analysis normal Catskill Mnts. D -Chevron Step 2 is -State Farm is POL -You can have a pl interpretation that...