101 Iowa L. Rev. 1601 (2016)

Download PDF

Abstract

Until recently, scholarship on administrative federalism has focused on the vertical divide the relationship between the federal and state governments. A growing body of literature, however, considers the benefits of horizontal federalism the relationship between two or more states that work together to address shared issues. The interstate compact formalizes agreements among states about how they will work together. Often, a compact creates an interstate agency to carry out its objectives, thus functioning as an enabling act. This Note examines the nature of interstate compacts and the agencies they create, as exemplified by the Great Lakes St. Lawrence River Basin Water Resources Compact. In light of interstate agencies' sub-federal and supra-state status, they are subject to fewer legal and political constraints than either federal or state agencies. This Note argues that for that reason, when federal courts review interstate agencies' interpretations of ambiguous language in their enabling compacts, they should not apply the typical Chevron deference afforded to federal agencies. Instead federal courts should apply a version of the Skidmore balancing test, which allows courts to assess the soundness of an agency's decision-making procedures before determining how much deference to give that agency's interpretation of its enabling compact.