Statutory interpretation by regulation: effect of regulatory repeal?
<p>Suppose there is a US federal regulation that asserts a particular interpretation of a statue (in particular, that a certain class of documents is included among those designated by a phrase in the statute).  If the regulation is repealed, can the executive continue to assert that interpretation?</p>

<p>This question was inspired by <a href="https://law.stackexchange.com/q/22416/333">Can &quot;evidence of registration&quot; be a &quot;certificate of registration&quot;?</a> because I have learned that there was a regulation explicitly answering that question in the affirmative, but the regulation was repealed in 1960.</p>

<p>Yes. </p>

<p>The executive can continue to assert that interpretation and is probably entitled to <em>Chevron</em> deference if the executive does so. Repealing a regulation leaves the slate blank, it doesn't limit the executive's discretion.</p>

<p>You would want to see why the regulation was repealed. For example, often a regulation is repealed after a court case or an administrative reorganization, in which case you could determine if the evidence causing the regulation to be repealed were pertinent to the claimed interpretation.</p>

united-states regulations