2. What is the difference between a'smart' and a'smart'? In six sentences or less, explain when courts are likely to apply Skidmore's deference to agency interpretations of statutes. Skidmore deference is applied by courts when evaluating agency interpretations that lack force of law, as with informal guidance documents or opinions. Courts utilize factors like the agency's expertise, persuasiveness of the interpretation, and whether it reflects a considered judgment. Though not binding, Skidmore deference still has the ability to influence the court's decision if the …show more content…
What is the difference between a'smart' and a'smart'? In six sentences or less, explain when agencies are required to go through notice and comment rulemaking. Agencies are generally required to go through notice and comment rulemaking when they propose regulations that have a substantial impact on the public. The process involves publishing a notice of proposed rulemaking in the Federal Register, in order to allow interested parties of the public to submit comments, and must consider these comments before issuing a final rule. Exceptions to this requirement exist through Congress exemption or when the agency can justify good cause to bypass the process on the basis of urgency or in the event that the process is