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An administrative rule may receive substantial deference if it interprets the issuing agency’s own ambiguous regulation. Auer v. Robbins, 519 U.S. 452, 461-463 (1997). An interpretation of an ambiguous statute may also receive substantial deference. Chevron U.S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-845 (1984). Deference in accordance with Chevron, however, is warranted only “when it appears that Congress delegated authority to the agency generally to make rules carrying the force of law, and that the agency interpretation claiming deference was promulgated in the exercise of that authority.” United States v. Mead Corp., 533 U.S. 218, 226-227 (2001). Otherwise, the interpretation is “entitled to respect” only to the extent it has the “power to persuade.” Skidmore v. Swift & Co., 323 U.S. 134, 140 (1944).


In determining whether the agency’s interpretation of a statute is lawful, courts apply the two-step Chevron analysis: 1) If Congress “has directly spoken to the precise question at issue” in the text of the statute, the text governs; or 2) If the statute is “silent or ambiguous with respect to the specific issue,” then the court reviews “whether the agency’s answer is ...

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