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Legal Memorandum: Granting Deference to Agency Determinations

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 .  

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