The Chevron Test
The Supreme Court’s Analysis for Ambiguous Statutes
Under the Administrative Procedure Act, a party aggrieved by an agency’s action may bring suit if he believes the agency has acted beyond its scope of authority. A court would review such a challenge by employing the test established by the Supreme Court in Chevron U.S.A., Inc. v. Natural Resources Defense Council (1984). The Chevron test proceeds in two parts to determine whether an agency has acted within its statutory authority. First, if Congress has spoken clearly on an issue, then the agency and the courts “must give effect to the unambiguously expressed intent of Congress.” However, if the statute…
