Document Type
Article
Publication Date
2008
Keywords
administrative agencies, statutory interpretation, Chevron deference
Abstract
This article examines the deference standards that the various states apply to agency statutory interpretation and analyzes the implications for the federal Chevron doctrine. First, the article surveys state standards for reviewing agencies' statutory interpretation, finding that none of the state standards exactly follows the federal Chevron test but that state standards fall into one of four categories ranging from "strong deference" to "de novo with deference discouraged." The article then examines four particular state standards in depth, discovering that states tend to use the same methods, tools, and processes for statutory interpretation despite the different announced degrees of deference. Finally, based on the lessons from the state standards, the article recommends revisions to the formulation of the federal Chevron standard.
Publication Citation
39 McGeorge Law Review 977 (2008).
Disciplines
Administrative Law
Digital Commons Citation
39 McGeorge Law Review 977 (2008).