What does Chevron Step Two require when the statute is ambiguous?

What does Chevron Step Two require when the statute is ambiguous?

• A. The statute is clear and unambiguous; the agency must apply the statute as written.
• B. If the statute is ambiguous, the agency's interpretation will be upheld if reasonable; defer.
• C. The agency's interpretation always wins.
• D. The court uses de novo review of the statute.

Answer: (B)

Under Chevron, the central idea is that when a statute is ambiguous, the court defers to the agency’s interpretation if it is reasonable. This is Step Two: if the statute’s meaning is not clear, the agency’s reading is given deference as long as it’s a permissible, reasonable construction of the statute. The agency’s interpretation does not always win; it must be reasonable to be upheld. If the interpretation is unreasonable, the court won’t defer and may reject it or remand. This is why the correct statement is that, when ambiguity exists, the agency’s interpretation will be upheld if reasonable. The other options fail because they either assume the statute is clear, claim automatic victory for the agency, or describe de novo review, which Chevron does not use at Step Two.

Under Chevron, the central idea is that when a statute is ambiguous, the court defers to the agency’s interpretation if it is reasonable. This is Step Two: if the statute’s meaning is not clear, the agency’s reading is given deference as long as it’s a permissible, reasonable construction of the statute. The agency’s interpretation does not always win; it must be reasonable to be upheld. If the interpretation is unreasonable, the court won’t defer and may reject it or remand. This is why the correct statement is that, when ambiguity exists, the agency’s interpretation will be upheld if reasonable. The other options fail because they either assume the statute is clear, claim automatic victory for the agency, or describe de novo review, which Chevron does not use at Step Two.