Abstract

http://ssrn.com/abstract=2219413
 
 

Footnotes (20)



 


 



City of Arlington v. FCC: Questioning Agency Authority to Determine the Scope of Its Own Authority


Jonathan H. Adler


Case Western Reserve University School of Law; PERC - Property and Environment Research Center

February 16, 2013

Perspectives from FSF Scholars, Vol. 7, No. 33, November 2012
Case Legal Studies Research Paper No. 2013-7

Abstract:     
In City of Arlington v. FCC the Supreme Court will consider whether courts should defer to an agency’s determination of its own jurisdiction. Although the need for courts to defer to agency interpretations of ambiguous statutory provisions under Chevron v. NRDC is well-established, the Supreme Court has never decided whether so-called Chevron deference should apply to statutory provisions delineating the scope of agency jurisdiction. There are several reasons courts should not confer Chevron deference to agency interpretations of statutes that define or limit an agency’s jurisdiction. First, the conferral of Chevron deference is premised upon the existence of agency jurisdiction. If there is no jurisdiction, there is no deference. So before a court can even consider whether an agency should receive deference for its statutory interpretation, it must first assure itself that agency jurisdiction exists. Granting Chevron deference to agency interpretations of their own jurisdiction also creates the risk of agency self-aggrandizement.

Number of Pages in PDF File: 6

Keywords: City of Arlington v. FCC, agency jurisdiction, administrative law, Chevron v. NRDC, Chevron doctrine, Chevron deference

JEL Classification: K23

Accepted Paper Series


Download This Paper

Date posted: February 17, 2013  

Suggested Citation

Adler, Jonathan H., City of Arlington v. FCC: Questioning Agency Authority to Determine the Scope of Its Own Authority (February 16, 2013). Perspectives from FSF Scholars, Vol. 7, No. 33, November 2012; Case Legal Studies Research Paper No. 2013-7. Available at SSRN: http://ssrn.com/abstract=2219413

Contact Information

Jonathan H. Adler (Contact Author)
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-2535 (Phone)
216-368-2086 (Fax)
HOME PAGE: http://www.jhadler.net
PERC - Property and Environment Research Center
2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

Feedback to SSRN


Paper statistics
Abstract Views: 285
Downloads: 45
Footnotes:  20

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.266 seconds