An interesting case is on appeal before the U.S. Supreme Court: City of Arlington, Texas v. FCC, 668 F.3d 229 (5th Cir. 2012).* Oral arguments were held at SCOTUS on January 16.
The case involves administrative agency authority, jurisdictional deference and the application of the doctrine previously set forth in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 83 (1984), all interestingly enough within the context of siting wireless telecommunications towers pursuant to the Telecommunications Act of 1996 and the (in)actions of local zoning boards.
Two great links summarizing the case (including embedded links to the oral arguments and transcripts from the January 16 SCOTUS hearing) can be found at:
- Oyez Project/IIT Chicago-Kent College of Law multimedia archive of SCOTUS; and
Stay tuned as we await the Supreme Court’s decision.
* Consolidated with another case, Cable, Telecommunications, and Technology Committee v. FCC.
Written by Kristen M. Ploetz, Esq., of Green Lodestar Communications & Consulting, LLC, on behalf of Jeffrey T. Angley, P.C. Edited by Jeffrey T. Angley, Esq.
Copyright (c) 2011-2013 by Jeffrey T. Angley, P.C. All rights reserved.
Disclaimer: The information contained in this post is general in nature and for educational purposes only. No personal legal advice is being provided. If you have an actual legal issue that needs to be addressed, you should seek the advice of competent legal counsel. This post does not create an attorney-client relationship between the reader and Jeffrey T. Angley, P.C., Phillips & Angley or their attorneys.