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March 21, 2017
Judge is to tee up questions for my bosses,ing and it struck me, heres the question. is this result consistent with the administrative procedures act which says section 706 that were supposed to defer to agencies when it comes to questions of fact, to the scientists, be to the biologists, but when it comes to questions of law, apa section 706 entrusts courts to decide what the law is. is this consistent with our values of equal protection and due process and separation of powers? those are quest...
March 21, 2017
>> in this case the little guy was actually relying upon a judgment of a court of law -- >> yes, he was. >> -- and effectively or the attempt was to overrule that court decision by an administrative regulation or interpretation. is that correct? >> yes. >> and if you had applied the chevron test weve talked about that a little bit, said that if its am big gubiguous and the a interpretation is a legal one, then youre obligated to enforce the agency decision rather than the judgment of the court o...
March 21, 2017
Vermont -- >> in this case the little guy was actually relying upon a judgment of a court of law. >> yes, he was. >> and was effectively or at least the attempt was to overrule that court decision by an administrative regulation. is that correct? >> yes. >> and if you had applied the chevron test -- weve talked about that a little bit -- said that if its ambiguous, the statute is ambiguous, and the agencys interpretation is a legal one, then youre obligated to enforce the agency decision rather ...
March 21, 2017
>> in this case, the little guy was actually relying upon a judgment of a court of law and was effectively, at least the attempt was to overrule the court decision by an administrative regulation or interpretation. is that correct? >> yes. >> if you had applied the chevron test, we talked about that a little bit, said if it is ambiguous, the statute is ambiguous, the agencys interpretation is a legal one, then you are obligated to enforce the agency decision rather than the judgment of the court...
March 21, 2017
Judge is to tee up questions for my bosses. it struck me that heres the question. is this result consistent with the administrative procedures act? which says in section 706 that we are supposed to defer to agencies when it comes to questions of fact, the scientist, the biologists, but when it comes to questions of law, apa section 706 entrusts courts to decide what the law i is. and is this consistent with our values of equal protection and due process and separation of powers? those are questi...
March 21, 2017
Judge is to tee up questions from my bosses, and instruct me heres the question, is this result consistent with the administrative procedures act? which says the section 706 that were supposed to defer to agencies when it comes to questions of fact, to the scientists, to the biologists, but when it comes to questions of law, apa section 706 entrusts courts to decide what the law is, and is this consistent with our valueless of equal protection due process and separationf powers. those are questi...