Statutory Interpretation
What are the common statutory tools used to prove the meaning of a text?
1. Original meaning
2. legislative history
3. Legislative intent
4. Canons
What is the basic principle underlying statutory interpretation?
Legislative supremacy — courts are to faithfully interpret and apply statutes as written.
What are the key task of an agency?
Rulemaking
Adjudication
Regulation (broad and narrow)
what is formal rulemaking vs informal rulemaking
Formal rulemaking is required only when a statute specifies rules must be made “on the record after opportunity for agency hearing” and involves trial-like procedures (witnesses, cross-examination).
Informal rulemaking (APA §553) is notice-and-comment rulemaking: the agency publishes a proposed rule, allows public comment, and issues a final rule with a concise general statement of basis and purpose.
What is adjudication?
Adjudication is the agency process for issuing orders that apply law to specific individuals or entities, similar to court decisions.
How do you determine if the term has an ordinary meaning or scientific meaning?
unless otherwise defined, words should be interpreted as their ordinary, contemporary, common meaning particular to the context of the community the law targets
What is the rule regarding absurd results?
Courts should not construe statutes to produce absurd results — outcomes that contradict deeply held societal values.
When does procedural due process apply?
often applies to: state/local adjudication and informal agency adjudication
Rarely applies to: Rulemaking, policy statements, and formal federal adjudication
What is the logical outgrowth test?
Final rules must be a logical outgrowth of the proposed rule; agencies cannot impose new obligations without fair notice.
What is the process for appealing agency decisions? What are the steps
1. initial agency decision
2. Appeal w/in agency
2.5 Exhaustion doctrine
- procedural: must take advantage of all agency procedure before judicial review
-issue: can't sue if agency didn't get a chance to confront the issue
3. Judicial review
CA focuses more on the text and will only use legislative history if the textual tools don't lead to clarity
What is the canon against surplusage/redundancy?
What is the Canon of consistent use?
A statute should be read to avoid redundancy or so that each word or phrase has some meaning and function
When a statute repeatedly uses a word or phrase that word or phrase likely has consistent meaning throughout the statute
When can congress delegate authority in CA?
1) Newson → delegation upheld as const. bc sufficient Standards/Safeguard existed to guide executive action toward a coordinated emergency Response
2) Warren v. Marion County→ broad delegation
Permissible if there are procedural Safeguards to protect individual rights (process/procedural protection)
What is the basic rule making process?
The basic process:
1) Advance notice of proposed rulemaking – OPTIONAL
2) Proposed Rule – GIVING NOTICE
3) Comment period – PUBLIC OPPORTUNITY TO COMMENT
- Respond to significant comments and disclose the basis of the rule.
4) Final rule – EXPLANATION
a. Agency needs to provide a concise, general statement of reasons why it adopted rule that it did
How is formal adjudication different from informal adjudication?
Formal adjudication is required when a statute mandates a hearing “on the record after opportunity for agency hearing” and involves trial-like procedures (e.g., ALJ, evidence, testimony, cross-examination).
Informal adjudication has no specific procedural requirements under the APA; the process is more flexible, often involving letters, interviews, or paper reviews without formal hearings.
What are the substantive canons?
1. Rule of lenity
2. Canon of constitutional avoidance
3. Federalism canon/Canon of avoiding interference with traditional state authority
4. Major question doctrine
What is ejusdem generis? What is noscitur a sociis?
When a statute includes a list and the list contains a general or catch-all term that general or catch-all term will take its meaning from the theme of the other words
A word or phrase will take its meaning from surrounding words
When can congress delegate? (Fed)
What are the TRAC factors? What do they do?
Used to determine if agency responds in a reasonable time:
1. response time subject to "rule of reason"
2. Congressional timetables
3. Delays less allowed when health and safty at stake
4. Effect of expediting action on competing agency priorities
5. Nature and gravity of interest prejudiced
What standard of review applies to formal adjudication fact-finding?
Substantial evidence review — requires that findings be supported by relevant evidence a reasonable mind might accept as adequate.
What is the major questions doctrine?
When an agency claims broad regulatory power over issues of great economic/political significance, courts require clear congressional authorization.
What are the key types of legislative history?
Committee reports (most persuasive), sponsor statements, floor debates, hearing testimony, amendments.
What is the test for procedural due process?
Was there government action?
Was a liberty/property interest at stake?
Was there individualized decision-making?
Was there a neutral decision-maker?
Is Mathews test satisfied?
- Private interest affected
- Risk of erroneous deprivation and value of more process
- Government’s interest in efficiency/cost
How do you determine if its a policy statement or interpretive rule? Are they forms of rulemaking?
How to know if it is a policy statement:
- Order contains statement of policy
- Memos, letters, speeches, etc that describe agency’s intentions for future
- Opportunity “will be” afforded to interested parties
- Procedures should be adopted
- Hint: will use future tense in language, talks about future plans, will reserve some discretion for future decision making
An interpretive rule
- clarifies the meaning of some other existing law (like a statute or a regulation) but does not itself establish binding law
IR test: would there be a legal basis for enforcement without the rule, did agency publish rule in CFR, did agency explicitly invoke legislative authority, or did rule amend existing rule
NO policy statements and interpretive rules do not make binding laws
What is the rule for individualized adjudication?
Due process requires a hearing when government action involves individualized decision-making that affects a specific person or small group (Londoner); no hearing is required for generalized rulemaking or broad policy decisions (Bi-Metallic).