In January we featured a short post about City of Arlington, Texas v. FCC, 668 F.3d 229 (5th Cir. 2012), an interesting case pending before the U.S. Supreme Court, involving administrative law and the Chevron doctrine. Incidentally, the secondary, underlying substantive issue in the lower court related to the Federal Communications Commission's (FCC) definition of a "reasonable period of time" for the local board to issue a decision for siting a telecommunications tower under the federal Telecommunications Act of 1996. The City of Arlington ultimately challenged the FCC's interpretation of what that timeframe should be, which the FCC had issued via a declaratory ruling in 2009.*
A CASE TO WATCH (UPDATE): Arlington, TX v. FCC
A CASE TO WATCH: City of Arlington, TX v. FCC
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.