Judicial Review - Questions of Law

Question 1

What is the Cheveron Doctrine (or Deference)?

Answer 1

Two step test examines what Congress has done to determine what an agency can do:

1) Congress has clearly spoken their intention –> Their intent must be followed;
2) Ambiguous Language –> If the agency policy choice is reasonable and permissible then it will be upheld.

Question 2

What is the Skidmore Doctrine (or Deference)?

Answer 2

The agency decision on the issue is persuasive on the court, however, the agency is not given any deference.

Question 3

What agency decisions is the Skidmore Deference applied to?

Answer 3

It is usually given to letter ruling, enforcement guidelines, and informal proceedings.

Question 4

When the FDA attempted to regulate the tobacco industry in Brown and Williamson, what did the court decide under the Cheveron Doctrine?

Answer 4

Congress had regulated the tobacco industry six times through other means than the FDA, so under Cheveron, this fails the first point because Congress has expressly stated their intention.

Question 5

How was the holding of FDA v. Brown and Williamson limited by Massachusetts v. EPA?

Answer 5

This case limits agencies deferring to Congress when Congress has CLEARLY stated their intentions to keep the agency out of that area. They must state it expressly and clearly.