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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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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
...the agency's care by the statute, we should not disturb it unless it appears from the statute or the legislative history that the accommodation is not one that Congress would have sanctioned'") . Further discussion of the Attorney General's statutory authority to issue preemptive regulations...
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Recommendations of the National Commission on Restructuring the ..., Volume 4

United States. Congress. House. Committee on Ways and Means. Subcommittee on Oversight - 1998 - 152 páginas
...Executive department's construction of a statutory scheme, the Court in Chevron stated: If this choice represents a reasonable accommodation of conflicting...history that the accommodation is not one that Congress could have sanctioned. When sections 6061 through 6065 were enacted, there existed no technology for...
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The World Trading System: Administered protection

Robert Howse, Petrus van Bork - 1998 - 502 páginas
...agency's answer is based on a permissible construction of the statute . . . If the agency's choice represents a reasonable accommodation of conflicting...legislative history that the accommodation is not one the Congress would have sanctioned. 194 Although the Chevron principle of 'deference' has been followed...
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Oversight of the U.S. Department of Agriculture Debt Collection: Hearing ...

United States. Congress. House. Committee on Government Reform and Oversight. Subcommittee on Government Management, Information, and Technology - 1998 - 144 páginas
...authority The Court recognized that regulations seeking to pre-empt state law should not be disturbed "unless it appears from the statute or its legislative...accommodation is not one that Congress would have sanctioned." 109 F.3d at 254. The Court found that not only did the RE Act not expressly authorize the preemption...
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Oversight of the U.S. Role in the International Maritime Organization ...

United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Coast Guard and Maritime Transportation - 1998 - 440 páginas
...374, 3S1-S2, 6 L. Ed. 2d 90S, S1 S. Ct. 1554 (1961) (administrative agency cannot preempt state law if "it appears from the statute or its legislative history...accommodation is not one that Congress would have sanctioned' ) . Louisiana Public Service Commission teaches that the relevant inquiry in determining whether a...
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Securities Litigation Abuses: Hearing Before the Subcommittee on ..., Volume 4

United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities - 1998 - 304 páginas
...regulations intended to preempt state law, the court's inquiry is • * * limited: 'If [h]is choice represents a reasonable accommodation of conflicting...committed to the agency's care by the statute, we shuiilil not disturb it unlr» ii appears from the statute or its tvinslalcil. 674 NORTH EASTERN REPORTER,...
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Non-codified Documents is the Department of Labor Regulating the Public ...

United States. Congress. House. Committee on Government Reform. Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs - 2001 - 460 páginas
...promulgate legislative regulations, deference is appropriate, provided that the agency's interpretation "represents a reasonable accommodation of conflicting...were committed to the agency's care by the statute."" In sum, the degree of deference to be given to an agency's interpretation depends upon what kind of...
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Non-codified Documents is the Department of Labor Regulating the Public ...

United States. Congress. House. Committee on Government Reform. Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs - 2001 - 466 páginas
...promulgate legislative regulations, deference is appropriate, provided that the agency's interpretation "represents a reasonable accommodation of conflicting...policies that were committed to the agency's care by the statute."1* In sum, the degree of deference to be given to an agency's interpretation depends upon...
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The cost of regulation to small business: hearing before the ..., Volume 4

United States. Congress. House. Committee on Small Business. Subcommittee on Workforce, Empowerment, and Government Programs - 2002 - 112 páginas
...policies." Chevron. 467 US at 844; see also US v. Sterner. 367 US 374, 382-83 (1961) ("Ifthis choice represents a reasonable accommodation of conflicting...is not one that Congress would have sanctioned"). ** See US v. Mead. 533 US 218, 237 (2001) (emphasizing that either "express [Congressional] authority...
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The Moral Austerity of Environmental Decision Making: Sustainability ...

John Martin Gillroy, Joe Bowersox - 2002 - 406 páginas
...interpretation of statutes or which of the two parallel arguments they will use to write rules:2 "If this choice represents a reasonable accommodation of conflicting...not disturb it unless it appears from the statute . . . that the accommodation is not one that Congress would have sanctioned. ... Is it a reasonable...
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