Mead mess or other deferential standard (Congressional Intent to Delegate Analysis) Three options for deference-no deference, Chevron, Skidmore 1) Some/no deference if Congress did not intend to delegate (Brown/Williamson) 2) Chevron deference when acting with the force of law (Force of Law Test from Mead) and uses formal procedures (Christensen- opinion letter-functions like a non-legislative rule-interpretive rule) 3) Chevron deference may apply to agency decision if Barnhart factors suggest Congress so intended it: -Interstitial nature of legal question -Relevance of agency's expertise -Importance of question to administration of statute -Complexity of the scheme -Careful consideration agency has given the question over a longer period of time 4) All other decisions should get Skidmore deference