Huey C. White v. State of Arkansas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an agency announcement of an interpretation preceded by a very lengthy period with no interpretation indicates agency considered prior practice lawful
• holding that agency’s interpretation controls unless it is plainly erroneous or inconsistent with the regulation
• holding that 5 agencies must provide “fair warning of the conduct a regulation prohibits or requires”
• holding that agencies must provide “fair warning of the conduct a regulation prohibits or requires”
• holding that Auer deference is “unwarranted” where to hold otherwise “would seriously undermine the principle that agencies should provide regulated parties ‘fair warning of the conduct [a regulation] prohibits or requires’”
• concluding that, because the listed examples were preceded by the term “including,” they were “merely non-exhaustive examples” that did not limit the scope of the statutory provision

Source: CourtListener parenthetical corpus (CC0).