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The Quid Pro Quo for Chevron Deference

Enforcing the Public Participation Requirements of the Administrative Procedure Act

By Gary F. Smith

New agency rules and regulations adopted without the public participation required by the Administrative Procedure Act (and its state counterparts) may be extremely vulnerable to procedural attacks upon their validity. This article discusses the significance of the judicial deference doctrine established by the Supreme Court in Chevron USA, Inc. v. Natural Resources Defense Council and how to challenge the agency rules under the Administrative Procedure Act.

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