Quote:
Originally posted by leagleaze
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The court further held that it would give "no weight" to the FTC's interpretation, saying it "was made without any degree of deliberation, thoughtful consideration, or comments from the public." . . .
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Maybe I need to bone up on my Chevron law, but when did deference to an agency's interpretation of a statute that was committed by Congress to the agency's enforcement start to require the agency to seek public comment on its statutory intepretation? The whole point of agency expertise is that the agency is presumed to be expert in the area (right or wrong) and courts should defer to its interpretation of the statute.
Now, the arbitrary and capricious part I could understand, if there was a refusal to listen to the public in rulemaking that was required to have public comment.
