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De novo
| What is deference in the context of the administrative state? Deference, or judicial deference, is a principle of judicial review in which a federal court yields to an agency's interpretation of a statute or regulation. The U.S. Supreme Court has developed several forms of deference in reviewing federal agency actions, including Chevron deference, Skidmore deference, and Auer deference. Learn about state-level responses to deference here. |
| Administrative State |
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| Read more about the administrative state on Ballotpedia. |
De novo (Latin for "from the new"), in the context of administrative law, is a standard of judicial review in which a federal court examines an executive agency action, such as a regulation or an adjudicatory decision, without deference to a previous interpretation of the underlying statute in question. De novo review is sometimes referred to as plenary review.[1][2]
Background
Federal courts may apply de novo review when interpreting regulations issued by executive agencies. To interpret a statute or rule de novo means to interpret a statute or rule without consideration for the judgment or position of the administrative agency.[3]
Courts adhere to the de novo standard of review when a court considers an agency's interpretation of a statute that the agency does not administer. For example, a court may apply de novo review when considering an agency's interpretation of a provision of the Administrative Procedure Act (APA), certain provisions of the Freedom of Information Act (FOIA), the United States Constitution, or other statutes not administered by a specific agency. Under de novo review, agencies are not afforded deference by the reviewing court. [4][5]
Deference and de novo review
- See also: Deference
The United States Supreme Court is sometimes compelled to apply a deference doctrine, such as Chevron deference, Auer deference, or Skidmore deference, in certain cases concerning an agency's interpretation of a statute or regulation administered by the agency. If the court were to narrow the application of deference doctrines, federal judges could instead apply de novo review to examine the relevant factors of a case without deference to an agency's position.[6]
For more information about deference doctrines in administrative law, click here.
See also
External links
Footnotes
- ↑ Legal Information Institute, "De novo" accessed July 20, 2017
- ↑ Quimbee, "Plenary Review," accessed August 15, 2019
- ↑ Constitution Revision Commission, "Proposal Analysis - P6," January 29, 2018
- ↑ Congressional Research Service, "An Introduction to Judicial Review of Federal Agency Action," December 7, 2016
- ↑ George Washington Law School Faculty Scholarship, "What Do the Studies of Judicial Review of Agency Actions Mean?" 2010
- ↑ E&E News, "Deference rule may be on the chopping block," December 10, 2018
