Review of Questions of Law

Review of Questions of Law

Learn about judicial review of legal determinations, including Chevron deference, Seminole Rock/Auer deference, Skidmore deference, and when no deference is owed to agencies.

Transcript

Many agency decisions involve interpretations of the law, rather than factual determinations. Courts afford various degrees of deference to agencies’ legal determinations, depending upon whether the agency is interpreting its own statutes, or its own regulations.

I.              Statutory Interpretation

Agencies are often tasked with interpreting statutes. For example, a law may give the EPA the authority to regulate, quote, “...