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" If this choice represents a reasonable accommodation of conflicting policies that were committed to the agency's care by the statute, we should not disturb it unless it appears from the statute or its legislative history that the accommodation is not... "
Federalism: Hearings Before the Committee on Governmental Affairs, United ... - Página 294
por United States. Congress. Senate. Committee on Governmental Affairs - 1999 - 433 páginas
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United States Reports: Cases Adjudged in the Supreme Court, Volume 475

United States. Supreme Court - 1988 - 1186 páginas
...rates. In the absence of a clear legislative command, we must consider whether the Secretary's choice '"represents a reasonable accommodation of conflicting...were committed to the agency's care by the statute.'" Chevron, supra, at 845, quoting United States v. Shimer, 367 US 374, 383 (1961). The Secretary has...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 480

United States. Supreme Court - 1990 - 1178 páginas
...ordinary knowledge respecting the matters subjected to agency regulations. . . . " '. . . If this choice represents a reasonable accommodation of conflicting...that Congress would have sanctioned.' United States v. Shimer, 367 US 374, 382, 383 (1961). "Accord, Capital Cities Cable, Inc. v. Crisp, [467 US 691,...
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State Constitutional Law: Cases and Materials : with 1990-91 Supplement

1990 - 540 páginas
...regulations intended to pre-empt state law, the court's inquiry is similarly limited: If [h]is choice represents a reasonable accommodation of conflicting...accommodation is not one that Congress would have sanctioned. Fidelity Federal Savings and Loan Ass 'n v. De La Cuesta, 458 US 141, 153-54 (1982) [quoting United...
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Major Issues Confronting the Office of Surface Mining Reclamation ..., Volume 4

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Mining and Natural Resources - 1991 - 220 páginas
...«ntr«pr«n«urial capacity («.g., as sols proprietors) . * 40 Psd. Reg. at 2*951. *'[T]his choice r«pr«o«nts a reasonable accommodation of conflicting policies...were committed to the agency's care by the statute." Chevron. 467 US at 845, quoting United States v. Shimer. 367 US 374, 383 (1961). As explained in the...
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Administrative Law: Rethinking Judicial Control of Bureaucracy

Christopher F. Edley - 1992 - 288 páginas
...charged with its administration"); Chevron USA, Inc. v. NRDC,467 US 837, 846(1984) ("If this choice represents a reasonable accommodation of conflicting...legislative history that the accommodation is not one the Congress would have sanctioned"). 27. Veterans' benef1ts claims and certain medicare reimbursements...
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Corporate Internal Investigations

Dan K. Webb, Robert W. Tarun, Steven F. Molo - 2023 - 1436 páginas
...Louisiana Public Serv. Comm'n v. FCC, 476 US 355, 368-69 (1986). Accord City of New York, 486 US at 64 ("if the agency's choice to preempt 'represents a...accommodation is not one that Congress would have sanctioned'" (citation omitted)). Thus, contrary to the cornmen ters' suggestion, "[a] preemptive regulation's force...
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Reports of the Tax Court of the United States, Volume 105

United States. Tax Court - 1995 - 512 páginas
...more than ordinary knowledge respecting the matters subjected to agency regulations. If this choice represents a reasonable accommodation of conflicting...accommodation is not one that Congress would have sanctioned. [Chevron U.SA., Inc. v. Natural Res. Def. Council, 467 US 837, 844845 (1984); citations omitted.] The...
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Hearings on the Individuals with Disabilities Education Act ..., Volume 4

United States. Congress. House. Committee on Economic and Educational Opportunities. Subcommittee on Early Childhood, Youth, and Families - 1996 - 432 páginas
...than ordinary knowledge respecting the matters subjected to agency regulations'. . . •If this choice represents a reasonable accommodation of conflicting...accommodation is not one that Congress would have sanctioned." Id. at 278283. An administrative agency's consistent longstanding interpretation of the statute under...
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Clean Air Act Amendments: Hearings Before the Subcommittee on ..., Volume 4

United States. Congress. House. Committee on Commerce. Subcommittee on Oversight and Investigations - 1996 - 312 páginas
...interprets a statute to reconcile conflicting policies, courts will not disturb that interpretation unless "it appears from the statute or its legislative...accommodation is not one that Congress would have sanctioned." 467 US at 845 (quoting United States v. Shimer, 367 US 374, 382-3, [1961]). See also, eg, Rust v. Sullivan,...
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Ethical Standards for Federal Prosecutors Act of 1996: Hearing Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property - 1997 - 188 páginas
...delegated authority. Thus, "if the agency's choice to preempt "represents a reasonable accommodation of the conflicting policies that were committed to the agency's...not disturb it unless it appears from the statute or the legislative history that the accommodation is not one that Congress would have sanctioned. 1 "...
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