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When Does Auer Deference Apply?

Alexander Ross • • 7 min read
When Does Auer Deference Apply?

Auer Deference Doctrine
Seminole Rock & Sand Co., 325 U.S. 410 (1945). Generally, under Auer, a court should defer to an agency's interpretation of its own ambiguous regulation, so long as that interpretation is reasonable, even if the court believes another reasonable reading of the regulation is the better reading.

What type of agency action does Auer deference apply?

Auer deference, in the context of administrative law, is a principle of judicial review of federal agency actions that requires a federal court to yield to an agency's interpretation of an ambiguous regulation that the agency has promulgated.

What are the Skidmore factors?

'” The level of Skidmore deference given to an agency interpretation is assessed by looking at numerous factors enumerated by the Supreme Court, including “the thoroughness evident in [the agency's] consideration, the validity of its reasoning, [and] its consistency with earlier and later pronouncements.”

Alexander Ross
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Alexander Ross

Alexander Ross has covered the video game industry for a decade, writing deep dives on game design, esports tournaments, VR developments, and gaming culture.