Mass. v. EPA The statutory language is clear, but the result is contrary to other laws and practice. FDA versus Brown and Williamson (tobacco) Go to Mass. v. EPA. Evaluation Questions This introduction sets up the basic framework for judicial review of agency legal decisions made in adjudications or through rulemaking. How would you use and in argumentation over the applicable Skidmore Hearst standard for a court to review the in a given case? agency’s finding then comes along as a way for the court to decide where on the and Chevron Skidmore continuum the case falls on. Hearst How do you use the two steps in arguing a case? Chevron What is step one in the in Chevron? court’s analysis What is step two in the in Chevron? court’s analysis How does deference fit with the political control of agencies? Chevron (Mass v. EPA module is next)
Mass. v. EPA The statutory language is clear, but the result is contrary to other laws and practice. FDA versus Brown and Williamson (tobacco) Go to Mass. v. EPA. Evaluation Questions This introduction sets up the basic framework for judicial review of agency legal decisions made in adjudications or through rulemaking. How would you use Skidmore and Hearst in argumentation over the applicable standard for a court to review the agency’s finding in a given case? Chevron then comes along as a way for the court to decide where on the Skidmore and Hearst continuum the case falls on. How do you use the two Chevron steps in arguing a case? What is step one in the court’s analysis in Chevron? What is step two in the court’s analysis in Chevron? How does Chevron deference fit with the political control of agencies? (Mass v. EPA module is next)