Mayors, Counties Urge SCOTUS to Take Small-Cells Case
Mayors and counties urged the Supreme Court to grant local governments’ cert petition to stop federal preemption on small cells. "Local governments are being prevented from serving as stewards of public property, safety, and welfare,” wrote the National Association of…
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Counties, U.S. Conference of Mayors and Government Finance Officers Association in a Monday amicus brief in case 20-1354. Likening towns to David and the telecom industry to Goliath, they said, "David is about to lose by a technical knockout, unless this Court steps in to ensure a fair contest." The International Municipal Lawyers Association supported granting review to ensure the appeals court's "erroneous approach to takings does not authorize agencies across the federal government to intrude on the rights of state and local governments." Friday, the high court extended respondents’ filing deadline until May 26, granting the agency’s request (see 2104220060). Portland, Oregon, and 35 other municipalities are asking SCOTUS to hear the appeal of the 9th U.S. Circuit Court of Appeals' upholding much of 2018 FCC small-cell orders.