Class_Presentation 8-10

Class_Presentation 8-10 - Class 8 CHEVRON v. NRDC (SC 1984)...

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Class 8 CHEVRON v. NRDC (SC 1984) Stevens. What is “stationary source” under clean Air Act CA held question of law – no deference S.C. revise policy (legal) questions are for agency; Art III is not a “political” branch Step 1 if intent of cong. clear, court decides; if not Step 2 is agency interpretation reasonable. In case consistent with UniCamera, Hearst? APA/706? Marbury v. Madison?? INS v. CARDOZA – FONSECA (SC 1987) Stevens – INS Interpretation is wrong Step 1 case. Scalia - is court breaking away from Chevron ? Policy v. Pure Legal question Young v. CNI (SC 1986), Maislin (SC 1990) When is statute ambiguous?
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Christenson v. Harris Cty (SC 2000) Thomas opinion letter = unpersuasive under Skidmore Scalia - unpersuasive under Chevron U.S. v. Mead (SC 2001) Souter Tariff classification gets Skidmore , not Chevron Deference to receive deference must be rule or adjudication; Remand to CA Scalia (dissent) need be authoritative only Step zero introduced Query: How does agency “act”: rm/adj interp/sub rule, guidance, etc??
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Class 9
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Class_Presentation 8-10 - Class 8 CHEVRON v. NRDC (SC 1984)...

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