Chevron Deference Two Prong Test/Checklist

In http://www.swlaw.edu:8080/site01/pdfs/lr/39_2gershonowitz.pdf

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.4 (―Chevron‖), the Court outlined a two-step process for determining whether a court should defer to an agency decision of law. First, the court looks to whether Congress has stated an opinion on the issue.5 If it has, Congress‘s view controls.6 If it has not, then the court examines whether the agency‘s view is reasonable.7

A number of commentators have identified what they refer to as ―step zero‖ in this two step analysis a series of cases in which the Court examined whether the agency decision is the type of legal determination that is entitled to

Chevron deference.8 In Christensen v. Harris County, for example, the Court held that an opinion letter from the Department of Labor is not entitled to deference under Chevron.9 Similarly, in United States v. Mead Corp., the Court held that a tariff classification is not entitled to Chevron deference.10 Step zero in the two-step process means that prior to applying the Chevron two-step process to determine whether to give deference to an agency decision on an issue of law, courts must address whether the agency decision is the type of legal determination to which the Chevron rule applies.11