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Judge is to tee up questions for my bosses,ing and it struck me, here's the question. is this result consistent with the administrative procedures act which says section 706 that we're 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 questions i raised,ing senator, to tee up for my bosses. >> so you actually applied the chevron test in...

>> 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 we've talked about that a little bit, said that if it's am big gubiguous and the a interpretation is a legal one, then you're obligated to enforce the agency decision rather than the judgment of the court of law. >> senator, we did apply the chevron case faithfully because we had to, and i also wrote s...

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 -- we've talked about that a little bit -- said that if it's ambiguous, the statute is ambiguous, and the agency's interpretation is a legal one, then you're obligated to enforce the agency decision rather than the judgment of the court of law. >> we did apply it faithfully, and i also wrote separatel...

>> 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 agency's interpretation is a legal one, then you are obligated to enforce the agency decision rather than the judgment of the court of law. >> senator, we did apply the chevron case faithfully because we had to. i also wrote separ...

Judge is to tee up questions for my bosses. it struck me that here's 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 questions i raised to tee up for my bosses. >> you actually applied the chevron test in your judgment, wr...