Lawyer for Rochester, N.Y., Reviewing Implications of Loper Decision in Fees Case

An attorney for Rochester, New York, is examining the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overturned a four-decades-old standard on judicial deference to regulatory agency decisions (see 2406280043). In February, U.S. District Judge Elizabeth Wolford for Western New York in Rochester found in favor of Crown Castle, Extenet and Verizon on their consolidated claim that the city violated sections 253 and 332 of the Telecommunications Act in the unlawful manner in which it assessed fees for telecom deployments within its jurisdiction. “My office is presently reviewing the Loper Bright decision to determine its implications for the instant matters, particularly as to this Court’s summary judgment analysis,” city lawyer Patrick Beath's filing said: “Plaintiffs believe that Loper Bright has no impact here. I need additional time to make that assessment and confer with my client.”