Which standard is more deferential to agency factual findings?

Which standard is more deferential to agency factual findings?

• A. Arbitrary and capricious review is more deferential
• B. Substantial evidence review is more deferential than de novo
• C. Skidmore deference is more deferential
• D. Chevron Step One is more deferential

Answer: (B)

When a court reviews an agency’s factual findings, the level of deference the court gives depends on the standard of review applied. Substantial evidence review focuses on whether the agency’s factual determinations are supported by a sufficient quantity and quality of evidence in the record. If the evidence is substantial, the court will uphold the agency’s findings even if it would not have arrived at the same conclusion on its own. That means the agency’s factual findings are given meaningful deference. In contrast, de novo review requires the court to reexamine the facts from scratch and substitute its own judgment for the agency’s, with little regard to what the agency found. Skidmore deference is about the persuasiveness of an agency’s interpretation of law, not about factual findings. Chevron Step One concerns statutory meaning and agency interpretation of statutes rather than the factual record. So, among the options, substantial evidence review is the standard that is most explicitly deferential to agency factual findings.

When a court reviews an agency’s factual findings, the level of deference the court gives depends on the standard of review applied. Substantial evidence review focuses on whether the agency’s factual determinations are supported by a sufficient quantity and quality of evidence in the record. If the evidence is substantial, the court will uphold the agency’s findings even if it would not have arrived at the same conclusion on its own. That means the agency’s factual findings are given meaningful deference.

In contrast, de novo review requires the court to reexamine the facts from scratch and substitute its own judgment for the agency’s, with little regard to what the agency found. Skidmore deference is about the persuasiveness of an agency’s interpretation of law, not about factual findings. Chevron Step One concerns statutory meaning and agency interpretation of statutes rather than the factual record. So, among the options, substantial evidence review is the standard that is most explicitly deferential to agency factual findings.