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It is well established that an agency's interpretation need not be the only possible reading of a regulation--or even the best one--to prevail. When an agency interprets its own regulation, the Court, as a general rule, defers to it “unless that interpretation is 'plainly erroneous or inconsistent with the regulation.' Chase Bank USA, N. A. v. McCoy, 562 U.S. ___, ___, 131 S. Ct. 871, 178 L. Ed. 2d 716, 719, 727 (2011)) (quoting Auer, 519 U.S., at 461, 117 S. Ct. 905, 137 L. Ed. 2d 79).


For decades, the Court has been giving agencies the authority to say what their rules mean, under the harmless-sounding banner of “defer[ring] to an agency's interpretation of its own regulations.” Talk America, Inc. v. Michigan Bell Telephone Co., 564 U.S. ___, ___, 131 S. Ct. 2254, 180 L. Ed. 2d 96, 112 (2011) (Scalia, J., concurring). This is generally called Seminole Rock or Auer deference. See Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 65 S. Ct. 1215, 89 L. Ed. 1700 (1945); Auer v. Robbins, 519 U.S. 452, 117 S. Ct. 905, 137 L. Ed. 2d 79 (1997). 


An agency's interpretation of ...

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