Which statement regarding Chevron and Skidmore deference is true?

Which statement regarding Chevron and Skidmore deference is true?

• A. Skidmore deference is binding in all cases, while Chevron is optional.
• B. Chevron deference is binding when applicable; Skidmore is persuasive but non-binding.
• C. Skidmore deference is binding only for constitutional questions.
• D. Chevron deference is never used when interpreting statutes with ambiguous language.

Answer: (B)

In administrative law, two standards govern how much weight a court gives to an agency’s interpretation of a statute. Chevron deference is binding when it applies: if the statute is ambiguous and Congress has entrusted the agency with implementing that statute, the court defers to the agency’s reasonable interpretation. Skidmore deference, on the other hand, is not binding; it’s persuasive and depends on factors like the agency’s expertise and the quality of its reasoning. So the true statement is that Chevron deference is binding when applicable, while Skidmore is persuasive but non-binding. The other options misstate the level of deference or the contexts in which each standard applies.

In administrative law, two standards govern how much weight a court gives to an agency’s interpretation of a statute. Chevron deference is binding when it applies: if the statute is ambiguous and Congress has entrusted the agency with implementing that statute, the court defers to the agency’s reasonable interpretation. Skidmore deference, on the other hand, is not binding; it’s persuasive and depends on factors like the agency’s expertise and the quality of its reasoning. So the true statement is that Chevron deference is binding when applicable, while Skidmore is persuasive but non-binding. The other options misstate the level of deference or the contexts in which each standard applies.