esqappellate
President, MSI
- Feb 12, 2012
- 7,408
How would overturning "defer[ing] to an agency’s reasonable interpretation of its own ambiguous regulation" apply to MSP's interpretation of "good and substantial"? If successful, could this federal decision be used to argue against MSP capriciously saying "we know it when we see it"?
Two points. Auer deference applies to the agency interpretation of its regulation. Chevron deference applies to an agency interpretation of a statute entrusted to its administration. This case involves only Auer deference, not Chevron deference. The ATF bump stock cases involve the ATF's interpretation of the statute, but the ATF has disclaimed any deference. Some of the decisions nonetheless apply Chevron deference and defer to the ATF in those cases. There are some very interesting legal questions of administrative law for legal nerds in these cases. The Maryland courts do defer to a state agency interpretation of a state statute, much like Chevron on the federal level.