Abstract
A deep split exists between and within circuit courts regarding the level of judicial deference to administrative interpretive statements. This confusion creates difficulties for courts and all parties involved in administrative law. This Note encourages courts to adopt an improved standard, such as the "Skidmore Plus" approach, to clarify the issue. Because this approach requires careful consideration of the policies and factors involved in judicial deference to administrative agencies interpretive statements, the standard would clarify this area of administrative law. Therefore, courts should adopt this type of explicit analysis to achieve the policies behind qualified judicial deference to agency interpretative statements. Until the Supreme Court resolves the issue of deference due agency interpretations, courts must improve their analysis to reduce the confusion between and within the circuits.
Recommended Citation
Ide, Britt E.
(1998)
"To Defer or Not to Defer? The Circuit
Split over Chevron Deference to
Agency Interpretations: Southern Ute
Indian Tribe v. Amoco Production Co,"
Utah Law Review: Vol. 1998:
No.
3, Article 4.
Available at:
https://dc.law.utah.edu/ulr/vol1998/iss3/4