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November 10, 2012 I Volume 6 I Issue 21 <br />Zoning Bulletin <br />combined cases of Arlington, Texas v. FCC and Cable, Telecommunica- <br />tions & Tech v. FCC, which seek guidance on the standard to apply when <br />reviewing an agency's own determination that it has the authority to <br />interpret federal law. The petitions before the court allege that the Federal <br />Communications Commission has wrongly been awarded a certain defer- <br />ence standard for jurisdictional review that is allowing it to override state <br />and local zoning laws for wireless facilities. The question the Supreme <br />Court will now consider is whether "a court should apply Chevron [v. Nat- <br />ural Resources Defense Council] [which offers the highest degree of def- <br />erence] to review an agency's determination of its own jurisdiction." <br />Source: Bloomberg BNA; www.bna.com <br />HAWAII <br />Recently, Maui County Council members unanimously moved forward <br />a resolution urging the state Legislature to repeal Act 55 and the Public <br />Land Development Corp ("PLDC"). Opponents of Act 55 said it "has <br />wasted ceded state lands on public -private developments with no county <br />oversight." "The law states that public lands can be used for parking lots, <br />offices, retail, hotels, homes, time shares developments, storage facilities, <br />garages, gas stations and industry, among other projects." Opponents say <br />that while the law calls for the PLDC to coordinate with county planning <br />departments, the language is "vague," and there is no mechanism to ensure <br />local cooperation and oversight. <br />Source. The Maui News; htty://www.mauinews.com <br />NEW JERSEY <br />Still pending in the state legislature is a bill (A2586 and S1534) that <br />would exempt private universities and colleges from land use law. The <br />Borough of Princeton recently hosted a public forum to discuss A2586. <br />City officials said they consider the bill to be a " `slippery slope' that <br />could eventually decimate local zoning in the name of institutions serving <br />the public good." Reportedly, the Assembly Higher Education Committee <br />is expected to discuss the bill in November. <br />Source: New Brunswick Patch; htty://newbrunswick.vatch.com <br />NEW YORK <br />"A state judge invalidated [the City of] Binghamton's two-year <br />moratorium on natural gas drilling, marking the first time a local law that <br />would ban or delay hydraulic fracturing in New York has been struck <br />down." (See summary of case in this bulletin). "Local bans in Dryden and <br />Middlefield have already passed muster with state courts." Reportedly, <br />lawyers for environmental groups said they do not believe this ruling <br />would imperil the other local bans. <br />Source: The Huffington Post; www.huffinztonvost.com <br />12 © 2012 Thomson Reuters <br />