News & Analysis as of September 19, 2024

Supreme Court of the United States › Cell Towers

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Migratory Bird Treaty Act: Question Of Unintentional “Take” Primed For Potential Fifth Circuit En Banc Or Supreme Court Review

BakerHostetler on 10/1/2015

Recently, industry won a major legal victory regarding liability—or lack thereof—for unintentional and indirect bird deaths under the Migratory Bird Treaty Act (MBTA). Unfortunately, that victory could be short lived,...more

Supplement — Curtin’s California Land Use

Perkins Coie on 8/13/2015

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

A Closer Look At T-Mobile V. Roswell

Nossaman LLP on 2/4/2015

On Jan. 14, the U.S. Supreme Court issued its long-awaited decision in T-Mobile South LLC v. City of Roswell, holding that the city violated the "in writing" requirement of the Federal Telecommunications Act of 1996, 47...more

U.S. Supreme Court Tells Cities to Explain a Cell Tower Denial in Timely Fashion, Even if in a Separate Document

Perkins Coie on 1/26/2015

The tension between demand for high-quality, ubiquitous cell phone service and opposition to cell towers in residential neighborhoods has resulted in significant disputes between wireless carriers and municipalities over...more

High Court Reaffirms Local Government's Authority in Denials of Applications for Cell Towers

Best Best & Krieger LLP on 1/21/2015

Decision Clarifies that Local Government’s Decision Need Not State Reasons if they are Contemporaneously Published Elsewhere - A local government need not state the reasons for its denial of a new cell-tower...more

T-Mobile South, LLC v. City of Roswell – Contemporaneous Reasons Needed for Denying Cell Towers

Sands Anderson PC on 1/16/2015

On January 14, 2014, the United States Supreme Court issued its opinion in T-Mobile South, LLC v. City of Roswell. At issue was the breadth of the requirement in 47 U.S.C. § 332(c)(7)(B)(iii) of the Telecommunications...more

Supreme Court Decides T-Mobile South, LLC v. City of Roswell, Georgia

Faegre Drinker Biddle & Reath LLP on 1/15/2015

On January 14, 2015, the Supreme Court decided T-Mobile South, LLC v. City of Roswell, Georgia, No. 13-975. The Court held that the Telecommunications Act of 1996, 47 U.S.C. §332(c)(7)(B)(iii), requires a locality to provide...more

U.S. Supreme Court Victory for T-Mobile

Lowndes on 1/14/2015

On January 14, 2015, the U.S. Supreme Court issued an opinion in T-Mobile South, LLC v. City of Roswell, Georgia, Case No. 13-975, reversing a decision of the Eleventh Circuit Court of Appeals. At issue: whether an...more

Supreme Court To Decide If Local Government's Decision Is "In Writing"

Best Best & Krieger LLP on 5/14/2014

In addition to addressing local-government prayer, the Supreme Court also decided to hear and answer another question impacting local governments: when a city denies a request to place a cell tower, how formally must it act? ...more

The Supreme Court Rules that the Fox Can Guard the Henhouse (Because the Fox Told Them He Can)

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/27/2013

The Supreme Court of the United States has allowed federal agencies to interpret ambiguities in their implementing statutes and directed courts to defer to agency expertise when deciding cases. (Who, after all, knows a...more

U.S. Supreme Court Allows FCC to Determine its Own Authority - Decision Upholds FCC Time Restrictions on Local Government...

Best Best & Krieger LLP on 5/21/2013

The United States Supreme Court issued its decision in City of Arlington v. FCC, ruling that if an agency has general rulemaking or adjudicative power under a statute, courts must defer to all of the agency’s reasonable...more

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Supreme Court of the United States › Cell Towers

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