Colorado ex rel. Colorado State Banking Board v. Resolution Trust Corp.

I must respectfully dissent. After applying the traditional rules of statutory construction to 12 U.S.C. § 1823(k)(l) & (k)(4), I find these statutory provisions to be unambiguous and the RTC’s interpretation of them to be incorrect. The RTC is not entitled to substantial deference with respect to its interpretation. Furthermore, the *949RTC’s interpretation is unacceptable under any standard of review.

Standard of Review

The substantial deference standard of review discussed in Chevron, U.S.A. v. Natural Resources Defense Council, 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), and its…