City of Arlington v. FCC
Citation: 569 U.S. 290 (2013)
Facts
The FCC issued a ruling interpreting the Telecommunications Act’s requirement that local governments act within a “reasonable period of time” on wireless tower permit applications. The cities argued that courts should not apply Chevron deference to an agency’s interpretation of its own jurisdictional reach.
Issue
Does Chevron deference apply to an agency’s interpretation of a statutory ambiguity concerning the scope of the agency’s own jurisdiction?
Holding
Yes. Chevron deference applies to an agency’s interpretation of statutory ambiguities regardless of whether the question concerns the agency’s jurisdiction or its substantive authority. There is no meaningful distinction between “jurisdictional” and “non-jurisdictional” questions.
Rule
No jurisdictional exception to Chevron: Courts must apply Chevron deference to an agency’s statutory interpretation whether the question involves the scope of the agency’s jurisdiction or the application of the agency’s authority. All statutory ambiguity is treated the same.
Significance
- Rejected a significant proposed limitation on Chevron — that agencies get no deference when interpreting the scope of their own authority
- Five-justice majority; Chief Justice Roberts dissented (joined by Kennedy and Alito) — warning about the danger of agencies interpreting the scope of their own power
- Roberts’s dissent foreshadowed the major questions doctrine and the eventual overruling of Chevron in Loper Bright (2024)