Chevron Has Only One Step

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Chevron Has Only One Step

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Title: Chevron Has Only One Step
Author: Stephenson, Matthew Caleb; Vermeule, Cornelius Adrian

Note: Order does not necessarily reflect citation order of authors.

Citation: Matthew Stephenson & Adrian Vermeule, Chevron Has Only One Step, 95 Va. L. Rev. 597 (2009).
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Abstract: Chevron, U.S.A. v. Natural Resources Defense Council lays out a two-step process that courts must follow when they review a federal agency's construction of a federal statute. We argue that Chevron, rightly understood, has only one step. The single question is whether the agency's construction is permissible as a matter of statutory interpretation. The two Chevron steps both ask this question, just in different ways, and are thus mutually convertible: any opinion written in terms of one step can be written, without loss of content, in terms of the other step. Chevron's artificial division of a unitary inquiry causes material confusion among commentators and courts, and has no benefits; administrative law should jettison the two-step framework.
Published Version: http://www.virginialawreview.org/content/pdfs/95/597.pdf
Other Sources: http://dx.doi.org/10.2139/ssrn.1259816
Terms of Use: This article is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#OAP
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:10849722
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