Federal Courts Do the Two-Step While Texas Dances to a Different Tune: Judicial Review of Agency Rulemaking

An overview of judicial review and deference to agency rulemaking and interpretation, using the “reasonable” principle applied in Chevron, as well as the “arbitrary and capricious” standard under the APA. The author explores the differences between the two different types of review and when they should be applied. The author then explains the Texas perspective of agency rule making and interpretation. In conclusion, the author mentions that while federal agencies seem to recognize to a greater extent the importance of public interest and accountability when considering stare decisis, Texas agencies appear to resist substantially changing agency policy without express legislative authority.