The Uneasy Case Against Auer and Seminole Rock
22 Pages Posted: 6 Apr 2016 Last revised: 7 Apr 2016
Date Written: December 1, 2014
The deference regimes of Auer and Seminole Rock give an agency's interpretation of its own regulation "controlling weight unless [the interpretation] is plainly erroneous or inconsistent with the regulation." This doctrine has long been criticized for giving agencies an incentive to promulgate vague regulations. In this essay I critically review these objections to Auer and Seminole Rock against the backdrop of plausible alternative regimes and recent developments in the lower courts.
Keywords: Administrative Law, deference, Auer, Seminole Rock
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