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Abstract

In City of Arlington v. FCC, the Supreme Court ended the debate over whether an agency's interpretation of the scope of its jurisdiction should receive Chevron deference, answering in the affirmative. This Comment, however, argues that the Supreme Court should revisit this issue and establish a no-deference rule for jurisdictional cases in which the agency's assertion of power comes from statutory silence.

The Ninth Circuit's recent decision in Oregon Restaurant & Lodging Ass'n v. Perez serves as the vehicle for illustrating the necessity of this Comment's proposed no-deference rule. This Comment examines how the Perez decision fits within this narrow issue of jurisdictional questions and merits establishment of this Comment's rule. In support of this proposal, this Comment draws on Chevron's presumption of congressional intent. This no-deference rule also serves as a valuable safeguard against agency aggrandizement.

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