What is Auer deference, and when does it typically apply?

• A. Deference To An Agency’s Interpretation Of Its Own Regulations When Ambiguous; The Agency's Interpretation Is Given Deference If Reasonable.
• B. Deference To Federal Courts On Regulatory Interpretations.
• C. Deference To Congress On Statutes.
• D. No Deference To Agency Interpretations.

Answer: (A)

Auer deference is the principle that courts will defer to an agency’s interpretation of its own regulations when the regulation is ambiguous and the agency’s reading is reasonable. The agency is seen as having specialized expertise in applying its rules, so its interpretation can govern unless it is unreasonable. This is distinct from deference to statutes under Chevron, which deals with agency interpretations of statutes rather than regulations. In practice, courts look for a plausible, reasonable reading of the regulation offered by the agency, and may uphold it even if other reasonable interpretations exist. Later cases, like Kisor v. Wilkie, add requirements that the agency’s interpretation be genuinely based on its expertise and be a permissible reading after considering textual canons and related factors.