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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 8

Citation
Section 8
Parent Document
Theodore Hayes v. Philip Harvey, 874 F.3d 98 (2017)
Effective Date
2017-10-18

Other Sections in This Document (260)

Full Text

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I agree with the majority that HUD’s interpretation, put
forth in guidance, letters, and other materials without the force
of law, is not entitled to binding Chevron deference.
Christensen v. Harris County, 529 U.S. 576, 587 (2000)
(“Interpretations such as those in opinion letters—like
interpretations contained in policy statements, agency
manuals, and enforcement guidelines, all of which lack the
force of law—do not warrant Chevron-style deference.”). But,
as the Supreme Court has held, just because interpretations “do
not fall within Chevron is not, however, to place them outside
the pale of any deference whatsoever.” United States v. Mead