The modern regulatory administrative state: A response to changing circumstances

Authors
Citation
Je. Shuren, The modern regulatory administrative state: A response to changing circumstances, HARV J LEG, 38(2), 2001, pp. 291-329
Citations number
90
Categorie Soggetti
Law
Journal title
HARVARD JOURNAL ON LEGISLATION
ISSN journal
0017808X → ACNP
Volume
38
Issue
2
Year of publication
2001
Pages
291 - 329
Database
ISI
SICI code
0017-808X(200122)38:2<291:TMRASA>2.0.ZU;2-N
Abstract
In the landmark case Chevron, U.S.A. v. National Resource Defense Council, Inc., the Supreme Court articulated a deferential standard for reviewing an agency's interpretations of statutory language within that agency's area o f concern as long as Congress was silent or ambiguous on the matter and the agency's interpretation was reasonable. Using the Food and Drug Administra tion as a primary case study, Dr Shuren contends that one of the main reaso ns for granting agencies broad judicial deference in the implementation of statutory mandates is that agencies are the governmental entities best equi pped to respond to changing circumstances. Dr Shuren contends that courts s hould grant sufficient deference to agencies' modifications of prior statut ory interpretations in order to ensure adequate agency flexibility to meet new challenges within existing statutory delegations of authority.