ND Bar Practice Questions - North Dakota Bar Examination Exam

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A federal agency promulgates a regulation. A party argues the regulation exceeds the statutory authority Congress delegated. After Loper Bright Enterprises v. Raimondo (2024), how does a reviewing court treat the agency's interpretation of the ambiguous statute?

The court must defer to any reasonable agency interpretation under Chevron The court must remand to the agency to reinterpret the statute The court must accept the agency's interpretation unless it is arbitrary and capricious The court exercises independent judgment to determine the best reading of the statute, no longer deferring under Chevron

Correct Answer:

The court exercises independent judgment to determine the best reading of the statute, no longer deferring under Chevron

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