Amicus Brief Arlington v. FCC

Dec 12, 2012

In City of Arlington & Cable, Telecommunications, and Technology Committee v. FCC the Supreme Court will decide whether courts should defer to a federal agency’s determination that it has authority to interpret a statute. The State and Local Legal Center’s (SLLC) amicus curiae brief, which ICMA signed onto, argues courts should apply no deference. Among other things, the SLLC’s brief points out that state and local governments are often regulated by federal agencies and often regulate the same subject matter as federal agencies. As a result, allowing federal agencies to determine the scope of their own jurisdiction, with only deferential review by courts, would allow federal agencies to encroach upon the authority of state and local governments. All of the Big Seven either joined the SLLC’s brief or were a party in this case and filed a brief as a party. The National Association of Regulatory Utility Commissioners and SLLC associate member the Government Finance Officers Association also signed onto the SLLC’s brief.

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