In 1984, a six-Justice Supreme Court — the minimum needed for a quorum — issued Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.1 and introduced “Chevron deference” into the legal lexicon. Chevron provides a two-step process for evaluating an administrative agency’s interpretation of its governing statute. At step one, the court considers whether the provision at issue is “clear” and, if so, gives effect to the clear terms.

Originally published in Westlaw Today - October 12, 2023