Scholarship@WashULaw
Document Type
Article
Language
English (en)
Publication Date
2014
Publication Title
Yale Law & Policy Review
Abstract
The deference regimes of Auer and Seminole Rock give an agency's interpretation of its own regulation "controlling weight unless [the interpretation] is plainly erroneous or inconsistent with the regulation." This doctrine has long been criticized for giving agencies an incentive to promulgate vague regulations. In this essay I critically review these objections to Auer and Seminole Rock against the backdrop of plausible alternative regimes and recent developments in the lower courts.
Keywords
Administrative Law, Deference, Auer, Seminole Rock
Publication Citation
Conor Clarke, The Uneasy Case Against Auer and Seminole Rock, 33 Yale L. & Pol’y Rev. 175 (2014)
Repository Citation
Clarke, Conor, "The Uneasy Case Against Auer and Seminole Rock" (2014). Scholarship@WashULaw. 682.
https://openscholarship.wustl.edu/law_scholarship/682