Document Type


Publication Date



administrative agencies, statutory interpretation, Chevron deference


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).


Administrative Law