Returning Subscriber?
Not a Subscriber to Litigation Pathfinder?
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!
Issue: Under federal law, when will a court grant deference to an agency’s determination of an issue?
| Area of Law: | Administrative Law, Administrative Law & Regulation (Federal and State), Litigation & Procedure |
| Keywords: | Agency determinations; Deference; Statute |
| Jurisdiction: | Federal |
| Cited Cases: | None |
| Cited Statutes: | None |
| Date: | 12/01/2013 |
Agency determinations are entitled to due deference only where: (1) the statute is silent or ambiguous with respect to the issue at hand; and (2) the agency’s answer is based on a permissible construction of statute. BellSouth Telecommunications, Inc. v. MCImetro Access Transmission Services, 317 F.3d 1270, 1277 (11th Cir. 2003) TA l "BellSouth Telecommunications, Inc. v. MCImetro Access Transmission Services, 317 F.3d 1270 (11th Cir. 2003)" s "BellSouth Telecommunications, Inc. v. MCImetro Access Transmission Services (11th Cir. 2003)" c 1 .
[…]