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Judicial Deference to Administrative Agencies and Its Limits

By Graham G. Martin & David A. Super

Clients facing unwarranted actions by administrative agencies have extensive recourse. Applying the fundamentals of judicial deference to administrative agencies outlined in Chevron v. Natural Resources Defense Council and limited by United States v. Mead Corporation, one can challenge agencies’ interpretations of statutes. Clients might also claim that an agency failed to promulgate rules when setting policy or failed to meet requirements of the Administrative Procedure Act in rule making or that its actions were arbitrary and capricious or an abuse of discretion.

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