David Noll 's avatar

David Noll

@david.noll.org

Chevron says--quite reasonably!--that when an agency has a cross-cutting grant of lawmaking authority in its enabling legislation, it gets to use that to clear up statutory gaps and ambiguities because that is (duh) basic to implementation of the statute.

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David Noll 's avatar David Noll @david.noll.org
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Yes, Justice Stevens should have said that Chevron's recognition of agency policymaking space is the best reading of statutes like the Clean Air Act amendments, and thus required by the plain meaning of the governing enabling act (not the APA).

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