March 01, 2014

Has Auer’s Hour Arrived?

Ben Snowden

A well-established precept of administrative law is that federal courts will defer to an agency’s interpretation of its own regulations, unless that interpretation is “plainly erroneous or inconsistent with the regulation.” Generally referred to as “Auer deference,” after the Court’s decision in Auer v. Robbins, 519 U.S. 452 (1997), the doctrine helps to insulate agency action from legal challenges and is a powerful tool for agencies in the enforcement context.

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