Limits on Chevron Deference

The Chevron doctrine gives agencies a lot of deference to interpret statutes where Congress has not spoken directly to the issue. However, there are several limits to that deference. This lesson will describe the boundaries of Chevron deference, namely:

• Chevron deference only applies when agencies’ interpretations have the “force of law.”

• Chevron deference does not apply when judges decide that the agency interpretation concerns a “major question” with “vast economic or political significance.”

Limits on Chevron Deference: Force of Law Requirement

After issuing the Chevron opinion, the Supreme Court clarified that Chevron deference only applies to agency interpretations that have the force of law. The benchmark case for this limitation on Chevron deference is United States v. Mead Corporation. We will read Mead, and then we will read Skidmore v. Swift, which provides guidelines for the “lesser deference” that courts should give to agency interpretations that do not have the force of law. Finally, in Christensen v. Harris County, we will see how courts review interpretations under the lesser Skidmore standard of deference.