What is the test for setting aside a Secretary of State's statutory interpretation of a federal statute?
MultiRegion, United States of America
The following excerpt is from County of Esmeralda, State of Nev. v. U.S. Dept. of Energy, 925 F.2d 1216 (9th Cir. 1991):
We will set aside the Secretary's decisions only if they were arbitrary, capricious or otherwise not in accordance with law. Delaney v. E.P.A., 898 F.2d 687, 689 (9th Cir.1990). We will not set aside an agency's construction of a statute it is implementing unless that construction conflicts with clear congressional intent or is unreasonable. Id.
A. Statutory Interpretation and Stare Decisis Arguments
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