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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 888

Citation
Section 888
Parent Document
Open Cmtys. Alliance v. Carson, 286 F. Supp. 3d 148 (2017)
Effective Date
2017-12-23

Other Sections in This Document (99)

Full Text

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Finally, the defendants invoke the Auer doctrine to argue that their construction of the regulation is due deference even if the regulation's meaning is not clear. Defs.' Opp'n at 25-26. As explained in detail above, however, the defendants' construction is "inconsistent with the regulation," Press Commc'ns LLC , 875 F.3d at 1121, and thus due no deference.10