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Goldilocks Deference, Daniel H. Cole, Elizabeth Baldwin, Katie Meehan
Goldilocks Deference, Daniel H. Cole, Elizabeth Baldwin, Katie Meehan
Articles by Maurer Faculty
Over the years, courts reviewing rules and decisions of federal administrative agencies have given those agencies greater or narrower latitude in interpreting enabling legislation, ranging from the “hard look” doctrine to various levels of deference under case names such as Chevron, Auer, and Skidmore. This article examines a distinct type of judicial deference that might arise only in a special subset of cases where an agency is sued by two different interested parties arguing diametrically opposed positions. For example, the EPA may be sued on a major, substantive rule by the regulated industry arguing that the rule …