Dilution of Auer Deference? by Michael Herz
It is hornbook administrative law that agencies’ interpretations of their own regulations received heightened judicial deference. The standard cites are Bowles v. Seminole Rock Co., 325 U.S. 410 (1945), and Auer v. Robbins, 519 U.S. 79 (1997). The principle has a number of possible justifications: (a) the agency best understands what interpretation will make sense […]