Chevron Step 1 & Hearst revisited. Chevron Step 1 is often a battleground – issue is statutory interpretation MCI , Babbitt & Brown & Williamson - Justices didn’t always agree on interpretive methodology or on whether statute clearly spoke to an issue
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No: By its own terms the Chevron opinion required
deference only to an “agency’s construction of a
statute which it administers.”
Delegation of such authority may be shown in a variety of ways, as by an agency’s power to engage in adjudication or notice & comment rulemaking, or by some other comparable indication of congressional intent.”