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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rucker v. Davis, 237 F.3d 1113 (2001)

Citation
Rucker v. Davis, 237 F.3d 1113 (2001)
Parent Document
Rucker v. Davis, 237 F.3d 1113 (2001)
Effective Date
2001-01-24

Other Sections in This Document (190)

Full Text

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The parties agree that in interpreting § 1437d(i )(6), we apply the framework set forth in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). Under Chevron, the first question is whether Congress has directly spoken to the precise question at issue. Id. at 842, 104 S.Ct. 2778. To determine whether Congress has spoken on the question at issue, we employ the traditional tools of statutory construction; if Congress had an intent on this issue, that intent is the law and must be given effect. Id. at 843 n. 9, 104 S.Ct. 2778.