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Supreme Court Decides Important Agency-Deference Question
Reed Smith LLP
June 27, 2019 "The refined test is as follows: First, a court should not afford deference to an agency's interpretation of its own regulation unless the regulation is 'genuinely ambiguous.' ... Second, even if the regulation is genuinely ambiguous, the agency's interpretation must still be 'reasonable.' ... Third, even if the agency's interpretation of the ambiguous regulation is reasonable, a court 'must make an independent inquiry into whether the character and context of the agency interpretation entitles it to controlling weight.' This, in turn, involves three elements." [Kisor v. Wilkie, No. 18-15 (S. Ct. Jun. 26, 2019)] MORE >> |
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