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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hussion v. Madigan, 950 F.2d 1546 (1992)

Citation
Hussion v. Madigan, 950 F.2d 1546 (1992)
Parent Document
Hussion v. Madigan, 950 F.2d 1546 (1992)
Effective Date
1992-01-24

Other Sections in This Document (46)

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As outlined by the APA, judicial review of informal rulemaking assesses whether an agency's action is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." 5 U.S.C. § 706(2)(A) (1988). Our review of the agency's action accords a presumption of administrative regularity and is conducted with some deference to the agency's determination. Organized Fishermen v. Hodel, 775 F.2d 1544, 1550 (11th Cir.1985), cert. denied, 476 U.S. 1169, 106 S.Ct. 2890, 90 L.Ed.2d 978 (1986). The actual level of deference that we will accord an agency's construction of the statute it administers has been clearly delineated by the Supreme Court: