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Friday, June 25, 2010

Deference :When Reduced and Not available

The agency offered no explanation for this sudden interpretive change of heart. "An agency interpretation of a relevant provision which conflicts with the agency's earlier interpretation is `entitled to considerably less deference' than a consistently held agency view." Cardoza-Fonseca, 480 U.S. at 446 n.30 (quoting Watts v. Alaska, [1981] USSC 78; 451 U.S. 259, 273 (1981)); see also Seldovia Native Ass'n, Inc. v. Lujan, [1990] USCA9 461; 904 F.2d 1335, 1345 (9th Cir. 1990) (noting that when an agency changes its interpretation of a statute without explanation it should be accorded less deference).[2001] USCA9 284

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