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Open Access. Powered by Scholars. Published by Universities.®

2017

Statutory interpretation

University of Pennsylvania Carey Law School

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Chevron's Interstitial Steps, Cary Coglianese Jan 2017

Chevron's Interstitial Steps, Cary Coglianese

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The Chevron doctrine’s apparent simplicity has long captivated judges, lawyers, and scholars. According to the standard formulation, Chevron involves just two straightforward steps: (1) Is a statute clear? (2) If not, is the agency’s interpretation of the statute reasonable? Despite the influence of this two-step framework, Chevron has come under fire in recent years. Some critics bemoan what they perceive as the Supreme Court’s incoherent application of the Chevron framework over time. Others argue that Chevron’s second step, which calls for courts to defer to reasonable agency interpretations of ambiguous statutory provisions, amounts to an abdication of judicial responsibility. …