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RESIDENT COUNCILS OF WASHINGTON v. LEAVITT

No. 05-36065.

500 F.3d 1025 (2007)

RESIDENT COUNCILS OF WASHINGTON; Washington State Long-Term Care Ombudsman Program, through Kary W. Hyre, Plaintiffs-Appellants, v. Michael O. LEAVITT, Secretary, United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2007.

Attorney(s) appearing for the Case

Eric M. Carlson, National Senior Citizens Law Center, Los Angeles, CA, for the plaintiffs-appellants.

Joshua Waldman, Department of Justice, Civil Division, Washington, D.C., for the defendant-appellee.

Morris J. Baller, Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA; Alison E. Hirschel, Michigan Poverty Law Program, East Lansing, MI; Richard J. Mollot, Long Term Care Community Coalition, New York, NY, for amici curiae in support of the plaintiffs-appellants.

Thomas W. Sondag, Portland, OR, for amicus curiae in support of the defendant-appellee.

Before: HAWKINS and KIM McLANE WARDLAW, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.

MICHAEL DALY HAWKINS, Circuit Judge:

As we are often called to do, we address a federal agency's interpretation of words chosen by Congress and the sometimes tricky shoals of Chevron deference. Resident Councils of Washington, an organization consisting primarily of nursing and boarding home residents and their families, and the Washington State Long-Term Care Ombudsman Program, representing Washington's long-term...

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