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" When a court reviews an agency's construction of the statute which it administers, it is confronted with two questions. First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is... "
Agriculture Decisions: Decisions of the Secretary of Agriculture Under the ... - Page 989
by United States. Department of Agriculture - 1994
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A Guide to Judicial and Political Review of Federal Agencies

John Fitzgerald Duffy - 2005 - 340 pages
...First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end...to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue,...
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Inside and Outside Canadian Administrative Law: Essays in Honour of David Mullan

David J. Mullan - 2006 - 513 pages
...First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end...to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue,...
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Executing the Constitution: Putting the President Back Into the Constitution

268 pages
...within the bounds of the Constitution. If Congress has directly spoken to the precise issue in question, if the intent of Congress is clear, that is the end of the matter." 74 There, however, a 5-4 majority of the Court found the administration's actions as a reasonable construction...
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A Guide to Federal Agency Rulemaking

Jeffrey S. Lubbers - 2006 - 736 pages
...time)"). See also supra Part I(B). (1) Has Congress "directly" spoken to the "precise" question at issue? "If the intent of Congress is clear, that is the end...the unambiguously expressed intent of Congress";'"' and (2) If Congress has not done so, and the statute is "silent or ambiguous with respect to the specific...
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Agriculture Decisions: Decisions of the Secretary of ..., Volume 60, Parts 1-3

United States. Department of Agriculture - 2001 - 458 pages
...842. First "is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end...unambiguously expressed intent of Congress." Id. at 842-43. If this first question is answered in the negative, then "the question for the court is whether the...
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Recommendations and Reports, Volume 2; Volume 1992, Issue 2

Administrative Conference of the United States - 1992 - 390 pages
...First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end...to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue,...
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Corrosion-resistant Carbon Steel Flat Products from France and Germany

44 pages
...courts will not give advisory opinions." § 3529.1 28 But cf Chevron. 467 US at 843, 859-64 (explaining, "If the intent of Congress is clear, that is the end...the unambiguously expressed intent of Congress.") 29 See. eg. Salant Corp. v. United States. 86 F. Supp.2d 1301, 1306 (Ct. Int'l Trade 2000) (involving...
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A Review of Department of Energy's Radioactive High-level Waste Cleanup ...

United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Oversight and Investigations - 2003 - 78 pages
...837, 842(1984). If Congress has so spoken, and its intent is clear, "that is the end of the natter; for the court, as well as the agency, must give effect...unambiguously expressed intent of Congress." Id. at 843. In mis case, Congress denned HLW in NWPA as "highly radioactive Memorandum Decision - page 9 material...
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volume 53

United States. Department of Agriculture - 1994 - 674 pages
...examined to determine if •ess has spoken to the precise question at issue. "If the intent of •ess is clear, that is the end of the matter; for the court as well as the y must give effect to the unambiguously expressed intent of Congress." 842-43, 104 S.Ct. at 2781. If...
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Nuclear Regulatory Commission Issuances, Volume 60

U.S. Nuclear Regulatory Commission, U.S. Nuclear Regulatory Commission. Division of Technical Information and Document Control - 2004 - 1018 pages
...CLI-04-21, 60 NRC 29 (2004) Chevron U.SA. Inc., v. Natural Resources Defense Council. 467 US 837. 842-43 (1984) if the intent of Congress is clear, that is the end of the matter because the court, as well as the agency, must give effect to the unambiguously expressed intent of...
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