Whether an agency can advance an interpretation of a statute for the first time in litigation and demand deference under Chevron

QUESTIONS PRESENTED 1. Whether an agency can advance an interpretation of a statute for the first time in litigation and then demand deference for its view under Chevron. 2. Whether a court must judge a determination made by an administrative agency solely on the ground invoked and not by post hoc rationalization of the court, prompted by agency appellate counsel’s arguments first made in litigation. 3. Whether the lower court erred in failing to hold the administrative agency to a burden of justification before restricting and devaluing the private property of a landowner, without compensation, under the Wild and Scenic River Act, 16 U.S.C. §§ 1271 et seq.