• 2 steps of Chevron 
• Express v. implicit delegation
• Brown v. Williamson (step 1)
• Young v. Community Nutrition (step 2)
• INS v. Cardoza-Fonseca (step 1)
• Babbitt (step 2)
• Mead
• Skidmore
• Hearst 

• Chevron Step 1 
• FDA issued rule designed to prevent marketing of tobacco products to young people
• Congress foreclosed removal of tobacco from market --> Congress spoke to the issue
• FDA would contradict Congress if ordered ban
• not giving deference to substnace of agency's statements, but Congress used agency's statements in making law
• larger scheme: tobacco's role in economy
• Dissent: appropriate for FDA to consider new Evidence 

• ambiguity in FDCA dealing with power of FDA to set tolerance levels for poisonous substances in food
• FDA refused to set tolerance level
• SCOTUS agreed there was sufficient ambiguity to defer to FDA's interpretation
• "shall" is not a clear congressional mandate 

Massachusetts v. EPA (II)

• This is not like Willaimson because (1) EPA jurisdictoin would not lead to extreme measure as was hte case in Williamson; (2) court in Williamson pointed to unbroken series of Congressional enactments 

• CAA required non attainment states to establish a permit program regulating new/modified major sationary sources of pollutin and EPA allows states to treat all pollution emitting devices within same industry grouping as single bubble
• stationary source: bubble idea
• court allowed stationary source idea- deference 

• (1) whether Congress has spoken to precise question at issue (INS v. Cardoza, Brown and Williamson)
• (2) if statute is silent/ambiguous with respect to a specific issue, question for the court is whether agency's answer is based on permissible construction fo the statute
• not clear what permissible means- range of deference 

• NLRB orders Hearst to bargin collectively wiht newsboys
• split between question of law and fact
• NLRA doesn't include common law understanding of independent contractor
• court not second guessing congress
• no definition of employee in NLRA
• majority thinks Congress intentionally left open what an employee is for NLRB to decide- deference 

• Private firefighters sued defendant to recover overtime pay when they had to wait in hall overnight
• must give some deference to agency 
• agency issued interpretive bulletin explaining opinion- unlike Hearst because responding generally
• interpretive bulletin not controlling, but court gives deference because of agency's expertise 

• Congress explicitly left gap for agency to fill 

• court cannot substitute its own statutory construction for reasonable interpretation by agency 

• ESA makes it unlawful for anyone to take a species
• secretary of interior issues reg to define harm to mean habitat modification- broadens agency reach
• SCOTUS upheld definition because: (1) ordinary understanding of harm supports it; (2) broad prupsoe of ESA supports secretary's decision; (3) 10(a)(1)(B) of ESA strongly suggsts Congress understood 9(a)(1)(B) to prohibit indirect as well as deliberate takings
• Dissent: expansion of take- stretch beyond Congressional intent 

• Court refused to find ambiguity in provision of refugee act authorizing INS to grant asylum to an alien becauase of well founded fear of prosecution in his homeland
• not agency's job to interpret statutory language- that is the court's job 

• Courts defer to agency's interpretation of law and that deference is strong- allowing agencies leeway in interpretation
• Young v. Community Nutrition
• Babbitt 

• Skidmore and Mead are different from Chevron because of level of formality in agency used in coming to rule or reg 
• Skidmore and mead- agency has judgment on particular set of facts; EPA reg in Chevron was broader and publicly presented; decisions in Skidmore and Mead are more narrow 

• Day planners were originally categorized as other which meant duty free- now diary has 4% tariff
• ruling letter issued (different from reg) - not subject to notice and comment; issued 10,000 per year so subject to less Chevron deference- fi court gave Chevron deference to all of these almost total deference to agency and court does not think that is what Congress wanted
• Skidmore deference is halfway point
• rulign letters did not bind third parties
• court gives some consideration to agency's interpretation because of experience 

• Congress delegated authority to agency generally to make rules carrying force of law and agency's interpretation claiming deference was promulgated in the exercise of that authority