Chevron Lite: How Much Deference Should Courts Give to State Agency Interpretation?

Abstract

The purpose of this article is to analyze state case law and statutes to determine the range of state court deference to state agency interpretation of state law. Initially, I hold up the basic Chevron Two Step doctrine as a template for exploring the range of deference given to state agencies. More importantly, since I find that the Roberts Court is not applying Chevron consistently, I argue that states could provide ideas for replacement of the Chevron doctrine at the federal level. The analytical approach in this article is threefold: (1) to examine existing state models for judicial review of state agency interpretations of state statutes; (2) to make recommendations about the most effective approach on a state level; and (3) to identify state concepts, procedures, and standards that could be imported to the federal arena.