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Arlington v. FCC

Docket No.: 11-1545
Argued: January 16, 2013
Decided: May 20, 2013
Consolidated with: 11-1547

Topics:

Administrative Procedure, Affordable Care Act, Article I, Clean Air Act, Consumer Protection, EPA, Internal Revenue Code, Medicare, Natural Resources, judicial review, preemption, res judicata, separation of powers

PartyNames: City of Arlington, Texas, et al. v. Federal Communications Commission, et al.
Petitioner: City of Arlington, Texas, et al.
Respondent: Federal Communications Commission, et al.

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 668 F.3d 229
Supreme Court Docket

City of Arlington, Texas, et al.
v.
Federal Communications Commission, et al.
Consideration Limited:

LIMITED TO QUESTION 1 PRESENTED BY THE PETITION IN NO. 11-1545.

Question Presented:

1. Whether, contrary to the decisions of at least two other circuits, and in light of this Court's guidance, a court should apply Chevron to review an agency's determination of its own jurisdiction; and 2. Whether the FCC may use its general authority under the Communications Act to limit or affect State and local zoning authority over the placement of personal wireless service facilities.

Arlington v. FCC
ORAL ARGUMENT

January 16, 2013

Listen to Oral Argument in Arlington v. FCC
Holding: VACATED AND REMANDED|
Vote: 6-3
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