The Uneasy Case Against Auer and Seminole Rock

22 Pages Posted: 6 Apr 2016 Last revised: 7 Apr 2016

See all articles by Conor Clarke

Conor Clarke

Yale University, Law School

Date Written: December 1, 2014

Abstract

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

Suggested Citation

Clarke, Conor, The Uneasy Case Against Auer and Seminole Rock (December 1, 2014). Yale Law & Policy Review, Vol. 33, No. 1, 2014, Available at SSRN: https://ssrn.com/abstract=2759402

Conor Clarke (Contact Author)

Yale University, Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

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