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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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The Endangered Species Act: Law, Policy, and Perspectives

Donald C. Baur, William Robert Irvin - 2002 - 620 páginas
...is based on a permissible construction of the statute."33 The agency's interpretation is to prevail "unless it appears from the statute or its legislative...accommodation is not one that Congress would have sanctioned."36 Pursuant to Chevron, the court began by asking whether Congress had directly addressed...
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Federal Banking Law and Regulations: A Handbook for Lawyers

Harding de C. Williams - 2006 - 382 páginas
...regulations intended to pre-empt state law, the court's inquiry [is the following]: "If [h]is choice represents a reasonable accommodation of conflicting...accommodation is not one that Congress would have sanctioned."83 The Court found that the preemption of the California due on sale prohibition was beneficial...
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A Guide to Federal Agency Rulemaking

Jeffrey S. Lubbers - 2006 - 736 páginas
...explained that a court must defer to the agency's interpretation of the ambiguous statutory term if it "represents a reasonable accommodation of conflicting...policies that were committed to the agency's care by the statute."125 In 1 22. 54 ADMIN. L. REV. 1 , 38 (2002); see also M. Elizabeth Magill, ch. 3.03. ABA...
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H.R. 2245, the Federalism Act of 1999: Hearing Before the Subcommittee on ...

United States. Congress. House. Committee on Government Reform. Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs - 1999 - 184 páginas
...true, the Court has cautioned that even in the area of pre-emption, if the agency's choice to pre-timpt "represents a reasonable accommodation of conflicting...that Congress would have sanctioned." United States v. Shimer. 367 US 374, 383 (1961) . City of New York. 486 US at 64. Section 9(b) would alter the Supreme...
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Hearings, Reports and Prints of the House Committee on ..., Páginas 2343-3450

United States. Congress. House. Committee on Veterans' Affairs - 1180 páginas
...Veterans' Administrator has chosen not to take advantage of laws like that of Pennsylvania. If this choice represents a reasonable accommodation of conflicting...accommodation is not one that Congress would have sanctioned. It is doubtless true that the policy of the Act is, broadly, stated, to enable veterans to obtain loans...
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Agriculture Decisions: Decisions of the Secretary of ..., Volume 51,Parte 1

United States. Department of Agriculture - 1992 - 640 páginas
...stress the limited nature of our review of the Service's interpretation of the statutory language. '[W]e should not disturb it unless it appears from...accommodation is not one that Congress would have sanctioned.' The interpretation given a statute by an agency need not represent the only permissible reading of...
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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 - 256 páginas
...promulgates regulations intended to preempt state law, the court's inquiry is * * " limited: 'If [h]is choice represents a reasonable accommodation of conflicting policies that were committed to the apeiicy's care by the statute, we should not disturb it unl».~ it appears from the statute or its...
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