When is Skidmore deference applied?

When is Skidmore deference applied?

• A. As a binding rule
• B. As persuasive, non-binding deference based on agency expertise and reasoning quality
• C. Only when statute is unambiguous
• D. Never; it does not apply to regulatory interpretations

Answer: (B)

Skidmore deference is a non-binding, persuasive form of deference given to an agency’s interpretation of a statute or regulation. The court weighs the agency’s view by looking at how thorough the agency’s analysis is, how consistent it is with prior interpretations, how well reasoned the explanation is, and the agency’s subject-matter expertise. When those factors are strong, the court accepts the agency’s interpretation as persuasive; when they’re weaker, the court may give it little or no weight. This is distinct from binding Chevron deference, which applies only when the statute is ambiguous and the agency’s reading is reasonable, in which case the court must follow the agency’s interpretation. Skidmore does not require ambiguity and can apply to regulatory interpretations as well, always based on persuasiveness rather than a mandatory rule.

Skidmore deference is a non-binding, persuasive form of deference given to an agency’s interpretation of a statute or regulation. The court weighs the agency’s view by looking at how thorough the agency’s analysis is, how consistent it is with prior interpretations, how well reasoned the explanation is, and the agency’s subject-matter expertise. When those factors are strong, the court accepts the agency’s interpretation as persuasive; when they’re weaker, the court may give it little or no weight. This is distinct from binding Chevron deference, which applies only when the statute is ambiguous and the agency’s reading is reasonable, in which case the court must follow the agency’s interpretation. Skidmore does not require ambiguity and can apply to regulatory interpretations as well, always based on persuasiveness rather than a mandatory rule.