2,169 research outputs found
\u3ci\u3eChevron\u3c/i\u3e\u27s Two Steps
The framework for judicial review of administrative interpretations of regulatory statutes set forth in the landmark Chevron U.S.A. v. Natural Resources Defense Council decision prescribes two analytic inquiries, and for good reason. The familiar two-step analysis is best understood as a framework for allocating interpretive authority in the administrative state; it separates questions of statutory implementation assigned to independent judicial judgment (Step One) from questions regarding which the courts role is limited to oversight of agency decisionmaking (Step Two).
The boundary between a reviewing court\u27s decision and oversight roles rests squarely on the question of statutory ambiguity. For while courts, using traditional tools of statutory interpretation, should decide directly whether statutory language permits or clearly excludes the possibility of a given agency interpretation, judges must withdraw to a supervisory role when agency choices fall within a zone of ambiguity left by congressional instructions. In that oversight role, courts may ask whether an agency employed appropriate processes or reasoning in making an interpretive choice. But if the choice was reached in a reasonable manner, judges must let the administrative interpretation stand. Thus defining the areas of ambiguity within which agencies possess primary interpretive authority constitutes a β if not the β central component of judges\u27 independent Step One task
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CRS Issue Briefs
One of the least controversial provisions of the Energy Policy and Conservation Act of 1975 (P.L. 94-163) established corporate average fuel economy (CAFE) standards for new passenger cars. This report presents a brief background and analysis regarding the price of crude oil that brought into sharp focus the fuel inefficiency of U.S. automobiles. The report also discusses the previous issues and the most recent developments regarding CAFE
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CRS Issue Briefs
This report includes background and analysis of energy policy. Points of discussion include the Arctic National Wildlife Refuge, nuclear energy, and renewable energy and fuels
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U.S. Home Heating Oil Price and Supply During Winter 2000-2001: Policy Options
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CRS Issue Briefs
The history of omnibus energy legislation in the 108th Congress has been protracted. The House passed the conference version of H.R. 6 on November 18, 2003. On November 21, a cloture motion to limit debate in the Senate on the H.R. 6 conference report failed (57-40). Efforts to bring the bill back to the Senate floor early in the second session were unsuccessful. Some argued that any major changes to the legislation would not be viable because of the careful regional and political compromises that were reached to get a bill out of conference and through the House. The closest consensus was that the cost of the bill had to be reduced
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