Retroactivity in Agency Adjudications: Manifest Injustice Meets Fair Notice: Telecommunications Industry Andrews Litigation Reporter
3/18/2009
Michael Pryor
Ambiguity is often an agency's best friend. Courts afford agencies tremendous deference when interpreting and applying ambiguous statutory language or their own implementing rules, which they routinely do in the context of adjudicatory proceedings. But when is it fair to apply retroactively a new interpretation of a previously ambiguous regulation?
Written by Michael H. Pryor, this article was published in the Telecommunications Industry Andrews Litigation Reporter Volume 12, Issue 22 on March 18, 2009.
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