The U.S. Supreme Court recently clarified that a governmental agency which has been given the authority to promulgate regulations and adjudicate disputes may use such authority to interpret its governing statute and that the courts should defer to such interpretation. In Arlington v. FCC, No. 11-1545 (May 20, 2013), the Court considered the FCC’s interpretation of the Federal Communications Act. That Act included a requirement that state and local governments act “within a reasonable period of time.” In ruling on a petition to clarify that statutory language, the FCC stated that “a reasonable period of time” would mean 90 days and 150 days, depending on the type of application. The Court held that, because the Act gives the FCC the authority to adjudicate such disputes, lower courts should defer to this interpretation. As a result of this decision, businesses can expect courts to be even more deferential to agencies’ interpretations of the law. We can expect to see this agency deference argument raised in matters involving environmental agencies.
- Why
Wyche-
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The Wyche Way
A Different Kind of Relationship
Wyche is built for clients who deserve more than an ordinary law firm.
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- What
We Do-
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What We Do
Our Practice Areas
Wyche participates in landmark litigation and serves as counsel on cutting-edge transactions through its five core practice areas.
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- About Wyche
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About Wyche
In a Class of Its Own
Wyche attorneys embrace the challenge and stimulation of practicing with a remarkably accomplished group of attorneys, and the satisfaction and pride that comes from knowing we are part of a firm that gives clients the best possible service.
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- Wyche Insights
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Wyche Insights
Attorneys with Intellectual Firepower
Wyche attorneys are consistently recognized as industry and community leaders and honored with prestigious awards. We are proud of these accomplishments, but applying our talents to serve our clients and the community is what really motivates us. Wyche attorneys share their intellectual firepower with thoughtful articles, newsletters, and blogs that keep clients and colleagues informed.
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- Community Leadership
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Community Leadership
SHAPING OUR COMMUNITY
For over 95 years, Wyche has provided leadership that has helped drive our region’s growth and success.
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- Careers at Wyche
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Careers at Wyche
Handpicked. One by One.
We don’t hire large classes of lawyers and hope that most turn out well. Instead, Wyche lawyers are handpicked, one by one, to join this firm because each has the skills and accomplishments to be a part of our effort to provide unmatched service to our clients.
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