In Arizona, like in Washington, a debate is unfolding about how
courts should determine "questions of law", and whether
an agency's construction of statutes is entitled to deference
by the courts. Some refer to this deference as Chevron Deference, stemming from a 1984 U.S.
Supreme Court decision. The recent confirmation proceedings of
Justice Neil Gorsuch triggered a spirited debate among policy makers and opinion
writers about whether an agency's reading of its statutes
should be given any weight when a court reviews questions of law of
that agency's decision on appeal.
Given that much of the regulatory authority exercised over
businesses, whether in the energy or other commercial field, occurs
at the administrative level, whether before the Arizona Corporation
Commission, the Department of Environmental Quality, or the
Department of Water Resources, attention to the deference question
is an important matter, triggering a variety of questions,
including:
