Under Kisor, when is Auer deference appropriate?

Under Kisor, when is Auer deference appropriate?

• A. The regulation is unambiguous
• B. The agency's interpretation is the best policy
• C. The regulation is genuinely ambiguous after textual and contextual clues
• D. The court must defer regardless

Answer: (C)

Under Kisor, Auer deference applies only when a regulation is genuinely ambiguous after you’ve looked at its text, its structure, and the surrounding context. If the regulation has a clear, plain meaning, there’s no room for deference—the court interprets it directly. When ambiguity exists, the agency’s interpretation may be entitled to deference, but only if that interpretation is reasonable and grounded in the regulation’s language, purpose, and context, not based on policy preferences or post hoc explanations. In short, deference isn’t triggered by ambiguity alone; it turns on whether the ambiguity is real and whether the agency’s reading is a reasonable, expert-informed interpretation that fits the regulation as written and intended.

Under Kisor, Auer deference applies only when a regulation is genuinely ambiguous after you’ve looked at its text, its structure, and the surrounding context. If the regulation has a clear, plain meaning, there’s no room for deference—the court interprets it directly. When ambiguity exists, the agency’s interpretation may be entitled to deference, but only if that interpretation is reasonable and grounded in the regulation’s language, purpose, and context, not based on policy preferences or post hoc explanations. In short, deference isn’t triggered by ambiguity alone; it turns on whether the ambiguity is real and whether the agency’s reading is a reasonable, expert-informed interpretation that fits the regulation as written and intended.