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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 151

Citation
§ 151
Parent Document
Barrientos v. 1801-1825 MORTON LLC, 583 F.3d 1197 (2009)
Effective Date
2009-10-09

Other Sections in This Document (181)

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519 U.S. 452, 461, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997) (deferring to the agency’s position unless it is “plainly erroneous or inconsistent with the regulation” (internal quotation marks omitted))). Further, an agency’s litigation position in an amicus brief is entitled to deference if there is “no reason to suspect that the interpretation does not reflect the agency’s fair and considered judgment on the matter.” Auer,