Administrative Statutory Interpretation: The Aftermath of Chevron V. Natural Resources Defense Council

by Ruth Ann Watry

Supreme Court deference to administrative agencies has declined. The personal policy preferences of the justices are the leading cause. In addition, the Court is increasingly accepting cases where the agency interpretation occurs in a policy letter or an amicus curiae brief, something that does not have the power of law. The Court defers to these interpretations. This saves time for the agency, but is problematic in terms of democratic accountability. Whereas agency interpretations expressed within statutes are influenced by public participation and agency interpretations expressed through adjudication are influenced by due process, there is no avenue for public participation when the agency interpretation is expressed in an informal manner.

214 pages, Library Binding

First published November 1, 2002