Is Chevron Inconsistent with the APA?

14 Pages Posted: 8 Dec 2020 Last revised: 2 Mar 2021

See all articles by Cass R. Sunstein

Cass R. Sunstein

Harvard Law School; Harvard University - Harvard Kennedy School (HKS)

Date Written: December 4, 2020

Abstract

Many people believe that the Chevron framework, calling for judicial deference to reasonable agency interpretations of ambiguous statutory provisions, is fatally inconsistent with section 706 of the Administrative Procedure Act. An investigation of the historical context shows that this belief is incorrect. There is no indication that the provision was generally understood, in the 1940s and 1950s, to require independent judicial judgments about questions of law.

Suggested Citation

Sunstein, Cass R., Is Chevron Inconsistent with the APA? (December 4, 2020). Harvard Public Law Working Paper No. 21-08, Available at SSRN: https://ssrn.com/abstract=3742429 or http://dx.doi.org/10.2139/ssrn.3742429

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