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May Chevron Be Waived?

West, E. Garrett
; 
Durling, James
Keywords
Chevron Corp.; Waiver; Judicial deference; Circuit courts; Administrative law; Judicial review; Judicial review of administrative acts; Actions & defenses (Law); United States
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Faculty Scholarship Series
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May Chevron Be Waived.pdf
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Abstract
This essay argues that U.S. courts should not allow either private parties or agencies to waive Chevron doctrine, which directs judges to defer to reasonable agency interpretations of ambiguous statutory texts. Topics covered include the ways in which federal courts have allowed parties to waive Chevron, the disagreement among circuit courts and the confusion in the D.C. Circuit regarding Chevron, and how courts could approach the question of waiver.
URI
https://openyls.law.yale.edu/handle/20.500.13051/18579