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For those good reasons, I join Parts I, II, and III of Justice MARSHALL’s viewpoint.

For those good reasons, I join Parts I, II, and III of Justice MARSHALL’s viewpoint.

Unlike Justice MARSHALL, but, I would personally perhaps perhaps perhaps not make our holding retroactive. Instead, for reasons explained below, we accept Justice POWELL which our choice must certanly be potential. We therefore join Part III of Justice POWELL’s viewpoint.

In Chevron Oil Co. V. Huson, 404 U.S. 97, 105-109, 92 S. Ct. 349, 354-356, 30 L. Ed. 2d 296 (1971), we established three requirements for determining when you should use a choice of statutory interpretation prospectively. First, your choice must set up a brand new concept of legislation, either by overruling clear past precedent or by determining a concern of very first impression whose resolution had not been plainly foreshadowed.